Chapter X: Part II (6)

II. That Warren Hastings, on the first advices received in Bengal of the above transactions, did condemn the same in the strongest terms,--declaring that "the measures adopted by the Presidency of Bombay had a tendency to a very extensive and indefinite scene of troubles, and that their conduct was unseasonable, impolitic, unjust, and unauthorized." And the Governor-General and Council, in order to put a stop to the said unjust hostilities, did appoint an ambassador to the Peshwa, or chief of the Mahratta state, resident at Poonah; and the said ambassador did, after a long negotiation, conclude a definitive treaty of peace with the said Peshwa on terms highly honorable and beneficial to the East India Company, who by the said treaty obtained from the Mahrattas a cession of considerable tracts of country, the Mahratta share of the city of Baroach, twelve lacs of rupees for the expenses of the said unjust war, and particularly the island of Salsette, of which the Presidency of Bombay had possessed themselves by surprise and treachery. That, in return for these extraordinary concessions, the articles principally insisted on by the Mahrattas, with a view to their own future tranquillity and internal quiet, were, that _no assistance should he given to any subject or servant of the Peshwa that should cause disturbances or rebellion in the Mahratta dominions_, and particularly that the English _should not assist Ragonaut Row_, to whom the Mahrattas agreed to allow five lacs of rupees a year, or a jaghire to that amount, and that he should reside at Benares. That, nevertheless, the Presidency of Bombay did receive and keep Ragonaut Row at Bombay, did furnish him with a considerable establishment, and continue to carry on secret intrigues and negotiations with him, thereby giving just ground of jealousy and distrust to the Mahratta state. That the late Colonel John Upton, by whom the treaty of Poorunder was negotiated and concluded, did declare to the Governor-General and Council, "that, while Ragonaut Row resides at Bombay in expectation of being supported, the ministers can place no confidence in the Council there, which must now be productive of the greatest inconveniencies, and perhaps in the end of fatal consequences." That the said Warren Hastings, concurring with his Council, which then consisted of Sir John Clavering, Richard Barwell, and Philip Francis, Esquires, did, on the 18th of August, 1777, declare to the Presidency of Bombay, that "he could see no reason to doubt that the presence of Ragoba at Bombay would continue to be _an insuperable bar_ to the completion of the treaty concluded with the Mahratta government; nor could any sincere cordiality and good understanding be established with them, as long as he should appear to derive encouragement and support from the English." That Sir John Clavering died soon after, and that the late Edward Wheler, Esquire, succeeded to a seat in the Supreme Council. That on the 29th of January, 1778, the Governor-General and Council received a letter from the Presidency of Bombay, dated 12th December, 1777, in which they declared, "that they had agreed to give encouragement to a _party_ formed in Ragoba's favor, and flattered themselves they should meet with the hearty concurrence of the Governor-General and Council in the measures they might be obliged to pursue in consequence." That the _party_ so described was said to consist of four principal persons in the Mahratta state, on whose part _some overtures_ had been made to Mr. William Lewis, the Resident of Bombay at Poonah, _for the assistance of the Company to bring Ragoba to Poonah_. That the said Warren Hastings, immediately on the receipt of the preceding advices, did propose and carry it in Council, by means of his casting voice, and against the remonstrances, arguments, and solemn protest of two members of the Supreme Council, that the _sanction_ of that government should be given to the plan which the President and Council of Bombay had agreed to form with the Mahratta government; and also that a supply of money (to the amount of ten lacs of rupees) should be immediately granted to the President and Council of Bombay _for the support of their engagements above mentioned_; and also that a military force should be sent to the Presidency of Bombay. That in defence of these resolutions the said Warren Hastings did falsely pretend and affirm, "that the resolution of the Presidency of Bombay was formed on such a case of _imminent necessity_ as would have rendered it dangerous to postpone the execution of it until the orders from the Governor-General and Council might arrive; and that the said Presidency of Bombay _were warranted by the treaty of Poorunder_ to join in a plan for conducting Ragonaut Row to Poonah on the application of the ruling part of the Mahratta state": whereas the main object of the said treaty on the part of the Mahrattas, and to obtain which they made many important concessions to the India Company, was, that the English should withdraw their forces, and give no assistance to Ragoba, and that he should be excluded forever from any share in their government, being a person _universally held in abhorrence_ in the Mahratta empire; and if it had been true (instead of being, as it was, notoriously false) that _the ruling part_ of the administration of the Mahratta state solicited the return of Ragonaut Row to Poonah, his return in that case might have been effected by acts of their own, without the interposition of the English power, and without our interference in their affairs. That it was the special duty of the said Warren Hastings, derived from a special trust reposed in him and power committed to him by Parliament, to have restrained, as by law he had authority to do, the subordinate Presidency of Bombay from entering into hostilities with the Mahrattas, or from making engagements the manifest tendency of which was to enter into those hostilities, and to have put a stop to them, if any such had been begun; that he was bound by the duty of his office to preserve the faith of the British government, pledged in the treaty of Poorunder, inviolate and sacred, as well as by the special orders and instructions of the East India Company _to fix his attention to the preservation of peace throughout India_: all which important duties the said Warren Hastings did wilfully violate, in giving the _sanction_ of the Governor-General and Council to the dangerous, faithless, and ill-concerted projects of the President and Council of Bombay hereinbefore mentioned, from which the subsequent Mahratta war, with all the expense, distress, and disgraces which have attended it, took their commencement; and that the said Warren Hastings, therefore, is specially and principally answerable for the said war, and for all the consequences thereof. That in a letter dated the 20th of January, 1778, the President and Council of Bombay informed the Governor-General and Council, that, in consequence of later intelligence received from Poonah, they had _immediately resolved that nothing further could be done, unless Saccaram Baboo, the principal in the late treaty_ (of Poorunder) _joined in making a formal application to them_. That no such application was ever made by that person. That the said Warren Hastings, finding that all this pretended ground for engaging in an invasion of the Mahratta government had totally failed, did then pretend to give credit to, and to be greatly alarmed by, the suggestions of the President and Council of Bombay, that the Mahrattas were negotiating with the French, and had agreed to give them the port of Choul, on the Malabar coast, and did affirm that the French _had obtained possession of that port_. That all these suggestions and assertions were false, and, if they had been true, would have furnished no just occasion for attacking either the Mahrattas or the French, with both of whom the British nation was then at peace. That the said Warren Hastings did then propose and carry the following resolution in Council, against the protest of two members thereof, that, "for the purpose of granting you [the Presidency of Bombay] the most effectual support in our power, we have resolved to assemble a strong military force near Calpee, the commanding officer of which is to be ordered to march by the most practicable route to Bombay, or to such other place as future occurrences and your directions to him may render it expedient"; and with respect to the _steps_ said to be taking _by the French to obtain a settlement on the Malabar coast_, the said Warren Hastings did declare to the Presidency of Bombay, "that it was the opinion of the Governor-General and Council that no time ought to be lost in forming and carrying into execution such measures as might most effectually tend to frustrate such dangerous designs." That the said Warren Hastings, therefore, instead of fixing his attention to the preservation of peace throughout India, as it was his duty to have done, did continue to abet, encourage, and support the dangerous projects of the Presidency of Bombay, and did thereby manifest a determined intention to disturb the peace of India, by the unfortunate success of which intention, and by the continued efforts of the said Hastings, the greatest part of India has been for several years involved in a bloody and calamitous war. That both the Court of Directors and Court of Proprietors did specially instruct the said Warren Hastings, in all his measures, "to make the safety and prosperity of Bengal his principal object," and did heavily censure the said Warren Hastings for having employed their troops at a great distance from Bengal in a war against the Rohillas, which the House of Commons have pronounced to be _iniquitous_,[17] and did on that occasion expressly declare, "that they disapproved of all such distant expeditions as might eventually carry their forces to any situation too remote to admit of their speedy and safe return to the protection of their own provinces, in case of emergency."[18] That the said Warren Hastings nevertheless ordered a detachment from the Bengal army to cross the Jumna, and to proceed across the peninsula by a circuitous route through the diamond country of Bundelcund, and through the dominions of the Rajah of Berar, situated in the centre of Hindostan, and did thereby strip the provinces subject to the government of Fort William of a considerable part of their established defence, and did thereby disobey the general instructions and positive orders of the Court of Directors, (given upon occasion of a crime of the same nature committed by the said Hastings,) and was guilty of a high crime and misdemeanor.

That the said Warren Hastings, having taken the measures hereinbefore described for supporting those of the Presidency of Bombay, did, on the 23d of March, 1778, "invest the said Presidency with authority to form a new alliance with Ragoba, and to engage with him in _any_ scheme which they should deem expedient and safe for retrieving his affairs." That the said Hastings was then in possession of a letter from the Court of Directors, dated the 4th of July, 1777, containing a positive order to the Presidency of Bombay in the following words. "Though that treaty" (meaning the treaty of Poorunder) "is not, upon the whole, so agreeable to us as we could wish, still we are resolved strictly to adhere to it on our parts. You must therefore be particularly vigilant, while Ragoba is with you, to prevent him from forming any plan against what is called the ministerial party at Poonah; and we hereby positively order you not to engage with him in any scheme whatever in retrieving his affairs, without the consent of the Governor-General and Council, or the Court of Directors." That the said Ragoba neither did or could form any plan for his restoration but what was and must be against the ministerial party at Poonah, who held and exercised the regency of that state in the infancy of the Peshwa; and that, supposing him to have formed any other _scheme_, in conjunction with Bombay, _for retrieving his affairs_, the said Hastings, in giving a previous _general_ authority to the Presidency of Bombay to engage with Ragoba in _any_ scheme for that purpose, without knowing what such scheme might be, and thereby relinquishing and transferring to the discretion of a subordinate government that superintendence and control over all measures tending to create or provoke a war which the law had exclusively vested in the Governor-General and Council, was guilty of a high crime and misdemeanor.

That the said Warren Hastings, having first declared that the measures taken by him were for the support of the engagements made by the Presidency of Bombay in favor of Ragoba, did afterwards, when it appeared that those negotiations were _entirely laid aside_, declare that his apprehension of the consequence of a pretended _intrigue_ between the Mahrattas and the French _was the sole motive of all the late measures taken for the support of the Presidency of Bombay_; but that neither of the preceding declarations contained the true motives and objects of the said Hastings, whose real purpose, as it appeared soon after, was, to make use of the superiority of the British power in India to carry on offensive wars, and to pursue schemes of conquest, impolitic and unjust in their design, ill-concerted in the execution, and which, as this House has resolved, _have brought great calamities on India, and enormous expenses on the East India Company_.

That the said Warren Hastings, on the 22d of June, 1778, made the following declaration in Council. "Much less can I agree, that, with such superior advantages as we possess over every power which can oppose us, we should act _merely on the defensive_. On the contrary, if it be really true that the British arms and influence have suffered so severe a check in the Western world, it is more incumbent on those who are charged with the interests of Great Britain in the East _to exert themselves for the retrieval of the national loss_. We have the means in our power, and, if they are not frustrated by our own dissensions, I trust that the event of this expedition will yield every advantage _for the attainment of which it was undertaken_."

That, in pursuance of the principles avowed in the preceding declaration, the said Warren Hastings, on the 9th of July, 1778, did propose and carry it in Council, that an embassy should be sent from Bengal to Moodajee Boosla, the Rajah of Berar,--falsely asserting that the said Rajah "was, by interest and inclination, likely to join in an alliance with the British government, and suggesting that two advantages might be offered to him as the inducements to it: first, the support of his pretensions to the sovereign power" (viz., of the Mahratta empire); "second, the recovery of the captures made on his dominions by Nizam Ali." That the said Hastings, having already given full authority to the Presidency of Bombay to engage the British faith to Ragonaut Row to support him in _his_ pretensions to the government or to the regency of the Mahratta empire, was guilty of a high crime and misdemeanor in proposing to engage the same British faith to support the pretensions of another competitor for the same object; and that, in offering to assist the Rajah of Berar to recover the captures made on his dominions by the Nizam, the said Hastings did endeavor, as far as depended on him, to engage the British nation in a most unjust and utterly unprovoked war against the said Nizam, between whom and the East India Company a treaty of peace and friendship did then subsist, unviolated on his part,--notwithstanding the said Hastings well knew that it made part of the East India Company's fundamental policy to support that prince against the Mahrattas, and _to consider him as one of the few remaining chiefs who were yet capable of coping with the Mahrattas_, and that it was the Company's _true interest to preserve a good understanding with him_. That, by holding out such offers to the Rajah of Berar, the said Hastings professed to hope that the Rajah _would ardently catch at the objects presented to his ambition_: and although the said Hastings did about this time lay it down as a maxim that _there is always a greater advantage in receiving solicitations than in making advances_, he nevertheless declared to the said Rajah that _in the whole of his conduct he had departed from the common line of policy, and had made advances where others in his situation would have waited for solicitation_. That the said unjust and dangerous projects did not take effect, because the Rajah of Berar refused to join or be concerned therein; yet so earnest was the said Hastings for the execution of those projects, that in a subsequent letter he daringly and treacherously assured the Rajah, "that, if he had accepted of the terms offered him by Colonel Goddard, and concluded a treaty with the government of Bengal upon them, he should have held the obligation of it superior to that of any engagement formed by the government of Bombay, and should have thought it his duty to maintain it, &c., against every consideration _even of the most valuable interests and safety of the English possessions intrusted to his charge_." That all the offers of the said Hastings were rejected with slight and contempt by the Rajah of Berar; but the same being discovered, and generally known throughout India, did fill the chief of the princes and states of India with a general suspicion and distrust of the ambitious designs and treacherous principles of the British government, and with an universal hatred of the British nation. That the said princes and states were thereby so thoroughly convinced of the necessity of uniting amongst themselves to oppose a power which kept no faith with any of them, and equally threatened them all, that, renouncing all former enmities against each other, they united in a common confederacy against the English, viz.: the Peshwa, as representative of the Mahratta state, and Moodajee Boosla, the Rajah of Berar, that is, the principal Hindoo powers of India, on one side; and Hyder Ali, and the Nizam of the Deccan, that is, the principal Mahomedan powers of India, on the other: and that in consequence of this confederacy Hyder Ali invaded, overran, and ruined the Carnatic; and that Moodajee Boosla, instead of _ardently catching at the objects presented to his ambition_ by the said Hastings, sent an army to the frontiers of Bengal,--which army the said Warren Hastings was at length forced to buy off with twenty-six lacs of rupees, or 300,000_l._ sterling, after a series of negotiations with the Mahratta chiefs who commanded that army, founded and conducted on principles so dishonorable to the British name and character, that the Secret Committee of the House of Commons, by whom the rest of the proceedings in that business were reported to the House, _have upon due consideration thought it proper to leave out the letter of instructions to Mr. Anderson_, viz., those given by the said Warren Hastings to the representative of the British government, and concerning which the said committee have reported in the following terms: "The schemes of policy by which the Governor-General seems to have dictated the instructions he gave to Mr. Anderson" (the gentleman deputed) "will also appear in this document, as well respecting the particular succession to the _rauje_, as also the mode of accommodating the demand of _chout_, the establishment of which was apparently the great aim of Moodajee's political manoeuvres, while the Governor-General's wish to defeat it was avowedly more intent on the removal of a nominal disgrace than on the anxiety or resolution to be freed from an expensive, if an unavoidable incumbrance."

That, while the said Warren Hastings was endeavoring to persuade the Rajah of Berar to engage with him in a scheme to place the said Rajah at the head of the Mahratta empire, the Presidency of Bombay, by virtue of the powers specially vested in them for that purpose by the said Hastings, did really engage with Ragonaut Row, the other competitor for the same object, and sent a great part of their military force, established for the defence of Bombay, on an expedition with Ragonaut Row, to invade the dominions of the Peshwa, and to take Poonah, the capital thereof; that this army, being surrounded and overpowered by the Mahrattas, was obliged to capitulate; and then, through the moderation of the Mahrattas, was permitted to return quietly, but _very disgracefully_, to Bombay. That, supposing the said Warren Hastings could have been justified in abandoning the project of reinstating Ragonaut Row, which he at first authorized and promised to support, and in preferring a scheme to place the Rajah of Berar at the head of the Mahratta empire, he was bound by his duty, as well as injustice to the Presidency of Bombay, to give that Presidency timely notice of such his intention, and to have restrained them positively from resuming their own project; that, on the contrary, the said Warren Hastings did, on the 17th of August, 1778, again _authorize_ the said Presidency "to assist Ragoba with a military force to conduct him to Poonah, and to establish him in the regency there," and, so far from communicating his change of plan to Bombay, did keep it concealed from that Presidency, insomuch that, even so late as the 19th of February, 1779, William Hornby, then Governor of Bombay, declared in Council his total ignorance of the schemes of the said Hastings in the following terms: "The schemes of the Governor-General and Council with regard to the Rajah of Berar _being yet unknown to us_, it is impossible for us to found any measures on them; yet I cannot help now observing, that, if, as has been conjectured, the gentleman of that Presidency have entertained thoughts of restoring, in his person, the ancient Rajah government, the attempt seems likely to be attended with no small difficulty." That, whereas the said Warren Hastings did repeatedly affirm that it was his intention to support the plan formed by the Presidency of Bombay in favor of Ragoba, and did repeatedly authorize and encourage them to pursue it, he did nevertheless, at the same time, in his letters and declarations to the Peshwa, to the Nizam, and to the Rajah of Berar, falsely and perfidiously affirm, _that it never was nor is designed by the English chiefs to give support to Ragonaut Row,--that he_ (Hastings) _had no idea of supporting Ragonaut Row,--and that the detachment he had sent to Bombay was solely to awe the French, without the least design to assist Ragonaut Row_. That, supposing it to have been the sole _professed_ intention of the said Hastings, in sending an army across India, to protect Bombay against a Trench invasion, even that pretence was false, and used only to cover the real design of the said Hastings, viz., to engage in projects of war and conquest with the Rajah of Berar. That on the 11th of October, 1778, he informed the said Rajah "that the detachment would soon arrive in his territories, and depend on him [Moodajee Boosla] for its subsequent operations"; that on the 7th of December, 1778, the said Hastings revoked the powers he had before given[19] to the Presidency of Bombay over the detachment, declaring that the event of Colonel Goddard's negotiation with the Rajah of Berar _was likely to cause a very speedy and essential change in the design and operations of the detachment_; and that on the 4th of March, 1779, the said Hastings, immediately after receiving advice of the defeat of the Bombay army near Poonah, and when Bombay, if at any time, particularly required to be protected against a French invasion, did declare in Council that he _wished for the return of the detachment to Berar, and dreaded to hear of its proceeding to the Malabar coast_: and therefore, if the said Hastings did not think that Bombay was in danger of being attacked by the French, he was guilty of repeated falsehoods in affirming the contrary for the purpose of covering a criminal design; or, if he thought that Bombay was immediately threatened with that danger, he then was guilty of treachery in ordering an army necessary on that supposition to the immediate defence of Bombay to halt in Berar, to depend on the Rajah of Berar for its subsequent operations, or on _the event of a negotiation_ with that prince, which, as the said Hastings declared, _was likely to cause a very speedy and essential change in the design and operations of the detachment_; and finally, in declaring that _he dreaded to hear of the said detachment's proceeding to the Malabar coast_, whither he ought to have ordered it to proceed without delay, if, as he has solemnly affirmed, it was true that _he had been told by the highest authority that a powerful armament had been prepared in France, the first object of which was an attack upon Bombay, and that he knew with moral certainty that all the powers of the adjacent continent were ready to join the invasion_.

That through the whole of these transactions the said Warren Hastings has been guilty of continued falsehood, fraud, contradiction, and duplicity, highly dishonorable to the character of the British nation; that, in consequence of the unjust and ill-concerted schemes of the said Hastings, the British arms, heretofore respected in India, have suffered repeated disgraces, and great calamities have been thereby brought upon India; and that the said Warren Hastings, as well in exciting and promoting the late unprovoked and unjustifiable war against the Mahrattas, as in the conduct thereof, has been guilty of sundry high crimes and misdemeanors.

That, by the definitive treaty of peace concluded with the Mahrattas at Poorunder, on the 1st of March, 1776, the Mahrattas gave up all right and title to the island of Salsette, unjustly taken from them by the Presidency of Bombay; did also give up to the English Company forever all right and title to their entire shares of the city and purgunnah of Baroach; did also give forever to the English Company a country of three lacs of rupees revenue, near to Baroach; and did also agree to pay to the Company twelve lacs of rupees, in part of the expenses of the English army: and that the terms of the said treaty _were honorable and advantageous to the India Company_.[20]

That Warren Hastings, having broken the said treaty, and forced the Mahrattas into another war by a repeated invasion of their country, and having conducted that war in the manner hereinbefore described, did, on the 17th of May, 1782, by the agency of Mr. David Anderson, conclude another treaty of perpetual friendship and alliance with the Mahrattas, by which the said Hastings agreed to deliver up to them all the countries, places, cities, and forts, particularly the island of Bassein, (taken from the Peshwa during the war,) and to relinquish all claim to the country of three lacs of rupees ceded to the Company by the treaty of Poorunder; that the said Warren Hastings did also at the said time, by a private and separate agreement, deliver up to Mahdajee Sindia the whole of the city of Baroach,--that is, not only the share in the said city which the India Company acquired by the treaty of Poorunder, but the other share thereof which the India Company possessed for several years before that treaty; and that among the reasons assigned by Mr. David Anderson for totally stripping the Presidency of Bombay of all their possessions on the Malabar coast, he has declared, "that, from the general tenor of the _rest_ of the treaty, the settlement of Bombay would be in future put on such a footing that it might well become a question whether the possession of an inconsiderable territory without forts would not be attended with more loss than advantage, as it must necessarily occasion considerable expense, must require troops for its defence, and might probably in the end lead, as Sindia apprehended, to a renewal of war."

That the said Warren Hastings, having in this manner put an end to a war commenced by him without provocation, and continued by him without necessity, and having for that purpose made so many sacrifices to the Mahrattas in points of essential interest to the India Company, did consent and agree to other articles utterly dishonorable to the British name and character, having sacrificed or abandoned every one of the native princes who by _his_ solicitations and promises had been engaged to take part with us in the war,--and that he did so without necessity: since it appears that Sindia, the Mahratta chief who concluded the treaty, _in every part of his conduct manifested a hearty desire of establishing a peace_ with us; and that this was the disposition of all the parties in the Mahratta confederacy, who were only kept together by a general dread of their common enemy, the English, and who only waited for a cessation of hostilities with us to return to their habitual and permanent enmity against each other. That the Governor-General and Council, in their letter of 31st August, 1781, made the following declaration to the Court of Directors. "The Mahrattas have demanded the sacrifice of the person of Ragonaut Row, the surrender of the fort and territories of Ahmedabad, and of the fortress of Gualior, _which are not ours to give, and which we could not wrest from the proprietors without the greatest violation of public faith_. No state of affairs, in our opinions, could warrant our acquiescence to such requisition; and we are morally certain, that, had we yielded to them, such a consciousness of the state of our affairs would have been implied as would have produced an effect the very reverse from that for which it was intended, by raising the presumption of the enemy to exact yet more _ignominious_ terms, or perhaps their refusal to accept of any; nor, in our opinion, would they have failed to excite in others the same belief, and the consequent decision of all parties against us, as the natural consequences of our decline." That the said Hastings himself, in his instructions to Mr. David Anderson, after authorizing him to restore _all_ that we had conquered during the war, expressly "_excepted_ Ahmedabad, and the territory conquered for Futty Sing Gwicowar." That, nevertheless, the said Hastings, in the peace concluded by him, has yielded to every one of the conditions reprobated in the preceding declarations as _ignominious_ and incompatible with public faith.

That the said Warren Hastings did abandon the Ranna of Gohud in the manner already charged; and that the said Ranna has not only lost the fort of Gualior, but all his own country, and is himself a prisoner. That the said Hastings did not interpose to obtain any terms in favor of the Nabob of Bopaul, who was _with great reason desirous of concealing from the Mahrattas the attachment he had borne to the English government_:[21] the said Nabob having a just dread of the danger of being exposed to the resentment of the Mahrattas, and no dependence on the faith and protection of the English. That by the ninth article of the treaty with Futty Sing it was stipulated, that, when a negotiation for peace should take place, his interest should be primarily considered; and that Mr. David Anderson, the minister and representative of the Governor-General and Council, did declare to Sindia, that it was indispensably incumbent on us to support Futty Sing's rights: that, nevertheless, every acquisition made for or by the said Futty Sing during the war, particularly _the fort and territories of Ahmedabad_, were given up by the said Hastings; that Futty Sing was replaced under the subjection of the Peshwa, (whose resentment he had provoked by taking part with us in the war,) and under an obligation to pay a tribute, not specified, to the Peshwa, and to perform such services and to be subject to such obedience _as had long been established and customary_; and that, no limit being fixed to such tribute or services, the said Futty Sing has been left wholly at the mercy of the Mahrattas.

That, with respect to Ragoba, the said Hastings, in his instructions to Mr. Anderson, dated 4th of November, 1781, contented himself with saying, "We cannot _totally_ abandon the interests of Ragonaut Row. Endeavor to obtain for him an adequate provision." That Mr. Anderson declared to Mahdajee Sindia,[22] "that, as we had given Ragoba protection as an independent prince, and not brought him into our settlement as a prisoner, we could not _in honor_ pretend to impose the _smallest_ restraint on his will, and he must be at liberty to go wherever he pleased; that it must rest with Sindia himself to prevail on him to reside in his country: all that we could do was to _agree_, after a reasonable time, _to withdraw our protection from him, and not to insist on the payment of the stipend to him_, as Sindia had proposed, unless on the condition of his residing in some part of Sindia's territories."

That, notwithstanding all the preceding declarations, and in violation of the public faith repeatedly pledged to Ragoba, he was totally abandoned by the said Hastings in the treaty, no provision whatever being made even for his subsistence, but on a condition to which he could not submit without the certain loss of his liberty and probable hazard of his life, namely, _that he should voluntarily and of his own accord repair to Sindia, and quietly reside with him_. That such treacherous desertion of the said Ragoba is not capable of being justified by any plea of necessity: but that in fact no such necessity existed; since it appears that the Nizam, who of all the contracting parties in the confederacy was personally most hostile to Ragoba, did himself _propose that Ragoba, might have an option given him_ of residing within the Company's territories.

That the plan of negotiating a peace with the Mahrattas by application to Sindia, and through his mediation, was earnestly recommended to the said Hastings by the Presidency of Bombay so early as in February, 1779, who stated clearly to him the reasons why such application ought to be made to Sindia in preference to any other of the Mahratta chiefs, and why it would probably be successful; the truth and justice of which reasons were fully evinced in the issue, when the said Hastings, after incurring, by two years' delay, all the losses and distresses of a calamitous war, did actually pursue that very plan with much less effect or advantage than might have been obtained at the time the advice was given. That he neglected the advice of the Presidency of Bombay, and retarded the peace, as well as made its conditions worse, from an obstinate attachment to his project of an alliance offensive and defensive with the Rajah of Berar, the object of which was rather a new war than a termination of the war then existing against the Peshwa.

That the said Hastings did further embarrass and retard the conclusion of a peace by employing different ministers at the courts of the several confederate powers, whom he severally empowered to treat and negotiate a peace. That these ministers, not acting in concert, not knowing the extent of each other's commissions, and having no instructions to communicate their respective proceedings to each other, did in effect counteract their several negotiations. That this want of concert and of simplicity, and the mystery and intricacy in the mode of conducting the negotiation on our part, was complained of by our ministers as embarrassing and disconcerting to us, while it was advantageous to the adverse party, who were thereby furnished with opportunity and pretence for delay, when it suited their purpose, and enabled to play off one set of negotiators against another; that it also created jealousy and distrust in the various contending parties, with whom we were treating at the same time, and to whom we were obliged to make contradictory professions, while it betrayed and exposed to them all our own eagerness and impatience for peace, raising thereby the general claims and pretensions of the enemy. That, while Dalhousie Watherston, Esquire, was treating at Poonah, and David Anderson, Esquire, in Sindia's camp, with separate powers applied to the same object, the minister at Poonah informed the said Watherston, that he had received proposals for peace from the Nabob of Arcot with the approbation of Sir Eyre Coote; that he had returned other proposals to the said Nabob of Arcot, who had assured him, the minister, that those proposals _would be acceded to, and that Mr. Macpherson would set out for Bengal, after which orders should be immediately dispatched from the Honorable the Governor-General and Council to the effect he wished_; that the said Nabob "had promised to obtain and forward to him the expected _orders from Bengal in fifteen days_, and that he was therefore every instant in expectation of their arrival,--and observed, that, when General Goddard proposed to send a confidential person to Poonah, he conceived that those orders must have actually reached him": that therefore the treaty formally concluded by David Anderson was in effect and substance the same with that offered and in reality concluded by the Nabob of Arcot, with the exception only of Salsette, which the Nabob of Arcot had agreed to restore to the Mahrattas.

That the intention of the said Warren Hastings, in pressing for a peace with the Mahrattas on terms so dishonorable and by measures so rash and ill-concerted, was not to restore and establish a general peace throughout India, but to engage the India Company in a new war against Hyder Ali, and to make the Mahrattas parties therein. That the eagerness and passion with which the said Hastings pursued this object laid him open to the Mahrattas, who depended thereon for obtaining whatever they should demand from us. That, in order to carry the point of an offensive alliance against Hyder Ali, the said Hastings exposed the negotiation for peace with the Mahrattas to many difficulties and delays. That the Mahrattas were bound by a clear and recent engagement, which Hyder had never violated in any article, to make no peace with us which should not include him; that they pleaded the sacred nature of this obligation in answer to all our requisitions on this head, while the said Hastings, still importunate for his favorite point, suggested to them various means of reconciling a substantial breach of their engagement with a formal observance of it, and taught them how they might at once be parties in a peace with Hyder Ali and in an offensive alliance for immediate hostility against him. That these lessons of public duplicity and artifice, and these devices of ostensible faith and real treachery, could have no effect but to degrade the national character, and to inspire the Mahrattas themselves, with whom we were in treaty, with a distrust in our sincerity and good faith. That the object of this fraudulent policy (viz., the utter destruction of Hyder Ali, and a partition of his dominions) was neither wise in itself, or authorized by the orders and instructions of the Company to their servants; that it was incompatible with the treaty of peace, in which Hyder Ali was included, and contrary to the repeated and best-understood injunctions of the Company,--being, in the first place, a bargain for a new war, and, in the next, aiming at an extension of our territory by conquest. That the best and soundest political opinions on the relations of these states have always represented our great security against the power of the Mahrattas to depend on its being balanced by that of Hyder Ali; and the Mysore country is so placed as a barrier between the Carnatic and the Mahrattas as to make it our interest rather to strengthen and repair that barrier than to level and destroy it. That the said treaty of partition does express itself to be _eventual_ with regard to the making and keeping of peace; but through the whole course of the said Hastings's proceeding he did endeavor to prevent any peace with the Sultan or Nabob of Mysore, Tippoo Sahib, and did for a long time endeavor to frustrate all the methods which could have rendered the said treaty of conquest and partition wholly unnecessary.

That the Mahrattas having taken no effectual step to oblige Hyder Ali to make good the conditions for which they had engaged in his behalf, and the war continuing to be carried on in the Carnatic by Tippoo Sultan, son and successor of Hyder Ali, the Presidency of Fort St. George undertook, upon their own authority, to open a negotiation with the said Tippoo: which measure, though indispensably necessary, the said Hastings utterly disapproved and discountenanced, expressly denying that there was any ground or motive for entering into any direct or separate treaty with Tippoo, and not consenting to or authorizing any negotiation for such treaty, until after a cessation of hostilities had been brought about with him by the Presidency of Fort St. George, in August, 1783, and the ministers of Tippoo had been received and treated with by that Presidency, and commissioners, in return, actually sent by the said Presidency to the court of Poonah: which late and reluctant consent and authority were extorted from him, the said Hastings, in consequence of the acknowledgment of his agent at the court of Mahdajee Sindia, upon whom the said Warren Hastings had depended for enforcing the clauses of the Mahratta treaty, of the precariousness of such dependence, and of the necessity of that direct and separate treaty with Tippoo, so long and so lately reprobated by the said Warren Hastings, notwithstanding the information and entreaties of the Presidency of Fort St. George, as well as the known distresses and critical situation of the Company's affairs. That, though the said Warren Hastings did at length give instructions for negotiating and making peace with Tippoo, expressly adding, that those instructions extended to _all_ the points which occurred to _him or them_ as capable of being agitated or gained upon the occasion,--though the said instructions were sent after the said commissioners by the Presidency of Fort St. George, with directions to obey them,--though not only the said instructions were obeyed, but advantages gained which did not occur to the said Warren Hastings,--though the said peace formed a contrast with the Mahratta peace, in neither ceding any territory possessed by the Company before the war, or delivering up any dependant or ally to the vengeance of his adversaries, but providing for the restoration of all the countries that had been taken from the Company and their allies,--though the Supreme Council of Calcutta, forming the legal government of Bengal in the absence of the said Warren Hastings, ratified the said treaty,--yet the said Warren Hastings, then absent from the seat of government, and out of the province of Bengal, and forming no legal or integral part of the government during such absence, did, after such ratification, usurp the power of acting as a part of such government (as if actually sitting in Council with the other members of the same) in the consideration and unqualified censure of the terms of the said peace.

That the Nabob of Arcot, with whom the said Hastings did keep up an unwarrantable clandestine correspondence, without any communication with the Presidency of Madras, wrote a letter of complaint, dated the 27th of March, 1784, against the Presidency of that place, without any communication thereof to the said Presidency, the said complaint being addressed to the said Warren Hastings, the substance of which complaint was, that he, the Nabob, had not been made a party to the late treaty; and although his interest had been sufficiently provided for in the said treaty, the said Warren Hastings did sign a declaration, on the 23d of May, at Lucknow, forming the basis of a new article, and making a new party to the treaty, after it had been by all parties (the Supreme Council of Calcutta included) completed and ratified, and did transmit the said new stipulation to the Presidency at Calcutta, solely for the purposes and at the instigation of the Nabob of Arcot; and the said declaration was made without any previous communication with the Presidency aforesaid, and in consequence thereof orders were sent by the Council at Calcutta to the Presidency of Fort St. George, _under the severest threats in case of disobedience_: which orders, whatever were their purport, would, as an undue assumption of and participation in the government, from which he was absent, become a high misdemeanor; but, being to the purport of opening the said treaty after its solemn ratification, and proposing a new clause and a new party to the same, was also an aggravation of such misdemeanor, as it tended to convey to the Indian powers an idea of the unsteadiness of the councils and determinations of the British government, and to take away all reliance on its engagements, and as, above all, it exposed the affairs of the nation and the Company to the hazard of seeing renewed all the calamities of war, from whence by the conclusion of the treaty they had emerged, and upon a pretence so weak as that of proposing the Nabob of Arcot to be a party to the same,--though he had not been made a party by the said Warren Hastings in the Mahratta treaty, which professed to be for the relief of the Carnatic,--though he was not a party to the former treaty with Hyder, also relative to the Carnatic,--though it was not certain, if the treaty were once opened, and that even Tippoo should then consent to that Nabob's being a party, whether he, the said Nabob, would agree to the clauses of the same, and consequently whether the said treaty, once opened, could afterwards be concluded: an uncertainty of which he, the said Hastings, should have learned to be aware, having already once been disappointed by the said Nabob's refusing to accede to a treaty which he, the said Warren Hastings, made for him with the Dutch, about a year before.

That the said Warren Hastings,--having broken a solemn and honorable treaty of peace by an unjust and unprovoked war,--having neglected to conclude that war when he might have done it without loss of honor to the nation,--having plotted and contrived, as far as depended on him, to engage the India Company in another war as soon as the former should be concluded,--and having at last put an end to a most unjust war against the Mahrattas by a most ignominious peace with them, in which he sacrificed objects essential to the interests, and submitted to conditions utterly incompatible with the honor of this nation, and with his own declared sense of the dishonorable nature of those conditions,--and having endeavored to open anew the treaty concluded with Tippoo Sultan through the means of the Presidency of Fort St. George, upon principles of justice and honor, and which established peace in India, and thereby exposing the British possessions there to the renewal of the dangers and calamities of war,--has by these several acts been guilty of sundry high crimes and misdemeanors.

XXI.--CORRESPONDENCE.

That, by an act of the 13th year of his present Majesty, intituled, "An act for establishing certain regulations for the better management of the affairs of the East India Company, as well in India as in Europe, the Governor-General and Council are required and directed to pay due obedience to all such orders as they shall receive from the Court of Directors of the said United Company, and to correspond from time to time, and constantly and diligently transmit to the said Court an exact particular of all advices or intelligence and of all transactions and matters whatsoever that shall come to their knowledge, relating to the government, commerce, revenues, or interest of the said United Company."

That, in consequence of the above-recited act, the Court of Directors, in their general instructions of the 29th March, 1774, to the Governor-General and Council, did direct, "that the correspondence with the princes or country powers in India should be carried on through the Governor-General only; but that all letters to be sent by him should be first approved in Council; and that he should lay before the Council, at their next meeting, all letters received by him in the course of such correspondence, for their information."

And the Governor-General and Council were therein further ordered, "that, in transacting the business of their department, they should enter with the utmost perspicuity and exactness all their proceedings whatsoever, and all dissents, if such should at any time be made by any member of their board, together with all letters sent or received in the course of their correspondence; and that broken sets of such proceedings, to the latest period possible, be transmitted to them [the Court of Directors], a complete set at the end of every year, and a duplicate by the next conveyance."

That, in defiance of the said orders, and in breach of the above-recited act of Parliament, the said Warren Hastings has, in sundry instances, concealed from his Council the correspondence carried on between him and the princes or country powers in India, and neglected to communicate the advices and intelligence he from time to time received from the British Residents at the different courts in India to the other members of the government, and, without their knowledge, counsel, or participation, has dispatched orders on matters of the utmost consequence to the interests of the Company.

That, moreover, the said Warren Hastings, for the purpose of covering his own improper and dangerous practices from his employers, has withheld from the Court of Directors, upon sundry occasions, copies of the proceedings had, and the correspondence carried on by him in his official capacity as Governor-General, whereby the Court of Directors have been kept in ignorance of matters which it highly imported them to know, and the affairs of the Company have been exposed to much inconvenience and injury.

That, in all such concealments and acts done or ordered without the consent and authority of the Supreme Council, the said Warren Hastings has been guilty of high crimes and misdemeanors.

XXII.--FYZOOLA KHAN.