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appointed to manage the affairs of a great ftate, whichet wore the marks of recent acquifition; but had neither a determinate form nor fyftem, nor any orders or inftructions which could enable them to give it either.

Į attempted, and with the aids of my colleagues, where I was allowed them, I gave it both form and fyftem; for every office into which it was diftributed, to the time of my departure, received its inftitution during the period of my adminiftration, and all the tranfactions of it, have, except the first two years of the general government, in fome part of their progrefs,received their direction from my guidance. Yet in every step I had diffi. culties to furmount, which are unknown to the rulers and minifters of other governments. Befides the conciliation of difcordant opinions, and their more frequently confirmed oppofition, I had my conduct circumfcribed by orders which would apply to few of the cafes which occurred, and thofe orders uncertain in their conftruction.

I beg leave to extend this refication. During the long exercife of a charge fo conftituted, and with fuch exigencies attending it, how, may I afk, was it poffible to keep affairs in one even line, or to avoid contradictions both in meafures and expreffions? As fometimes affairs were forced into a direction diametrically oppofite to my views, by the power of a majority; fometimes they received their bias from my being obliged to fubmit to the opinions of thofe on whom I depended for fupport: and whenever the courfe of bufinefs was thus diverted from the ftraight line, it was often difficult to bring it back, without, fome degree of irregularity, of violence, or of general inconfiftency.

Where I fuffered them to proceed in that devious line, I am charged with purfuing measures which my own opinions have condemned; where I attempted to reftore them to their proper channel, I am accused of innovations. Many meafures, which it would be now difficult to explain from written documents, were founded on circumstances of fuch notoriety, that no one could doubt their propriety at the time, and no one ever thought it neceffary to record the reafons or to establish the proofs of facts and events, which were then certain, and univerfally admitted.

The minifter of this empire (If I may Compare great things with fmall) had, in

the various emergencies of his adminiftration, the learned judges of the land, general officers of the fift authority and experience, and the merchants of the greatest commercial city in the world, to whom he might apply, and whole opinions he might comniand, on every doubtful queftion, whether of law, military operation, trade, or finance. He could

not err.

I poffeffed no fuch profeffional aids, but had only my own mind for my refources, and minds as little inftructed as my own to aflift me, and to be the inftruments of my meafuies.

That this defeription of my fituation may not be imputed to me as the invention of difficulties made up for the occation, I beg leave to appeal to the following extract of a letter which I wrote to the Court of Directors fo early as the 11th of November 1773, which was before I knew of the formation of the new system for the government of India.

Paragraph 4 "May I be permitted, "in all deference and fubmiffion to your "commands, to offer it as my opinion, "that whatever may have been the com"duct of individuals, or even of the Col"lective members of your former admi "niftrations, the blame is not fo much "imputable to them, as to the want of a "principle of government adequate to its "fubftance, and a coercive power to en"force it? The extent of Bengal, and'

its poffible refources, are equal to thote "of moft ftates in Europe. Its difficul"ties are greater than thofe of any; be"caufe it wants both an established "form, and powers of government; de

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riving its actual fupport from the un"remitted labour and perfonal exertion "of individuals in power, instead of the "vital influence, which flows through "the channels of a regular conftitution, and imperceptibly animates every part " of it. Our conftitution is no where "to be traced, but in antient charters, "which were framed for the jurifdiction "of your trading fettlements, the fales "of your exports, and the provifion of

your annual invement. I need not "obferve how incompetent thefe muft "prove for the government of a great "kingdom, and for the prefervation of

its riches from private violence and " embezzlement."

I will content myfelf with this quotation in this place; though I could with that the whole letter were attentively pe

rufid

ufed, as it is ftrongly expreffive of the difficulties and embarrassments of my late fituation in India. To what I have faid let me add, that in a newly established government many occafions will conftantly occur, which can be regulated by no precedent; and even the uncertainty of the conftitution, and the unknown límits of the authority belonging to its various branches, will often provoke refiftance, and produce events, which never could happen under a government long established, and with its powers clearly defined, and univerfally underftood.

Under fuch circumstances I humbly apprehend, that fince it is not, as I have faid, the lot of human nature to be exempt from error; fome notorious calamity, affecting the interefts of which I had charge, or fome well-afcertained ground of corruption, or other moral deviation from my duty, the lofs of natural reputation, or of fubftantial property ought to have appeared, before I became the fubject of a parliamentary impeachment. But But what loffes has the nation fuftained through my mifmanagement? Have provinces been difmembered from it? Have its armies been defeated in operations of my formation? or war or famine wafted the countries of my jurifdiction-No: The reverse has been the attendant of my fortune in every ftage of it; and fo little ground have I afforded, from the notoriety of my character, for fuch an inquifition into it, that I dare affirm that I ftand, even at this hour, (notwithstanding the prejudices excited against me) as high in the eftimation of the world, I mean not to confine the affertion to this kingdom alone, as any man of my own rank and pretenfions in it.

Yet I mean not to avail myself of this plea. I affert my general claim to the approbation of this honourable House, and of my country, for my fervices; but I neither defire, nor will admit of their being placed in balance against my faults, if I have faults to stand in oppofition to them.

I intreat the Houfe, that each article of the charge may be diftin&tly tried, and that they will be pleafed to give their fentence upon each.

ROHILLA WAR. THE firft Charge begins by ftating, That the Court of Directors of the Eaft India Company, from a just sense of the

danger and odium incident to the extenfi. on of their conquefts in the Eaft Indies, and from an experience of the diforders and corrupt practices which intrigues and negotiations to bring about revolutions among the country powers, had produced, did pofitively and repeatedly direct their fervants in Bengal not to engage in any offenfive war whatfoever. That the faid Court laid it down as an invariable maxim, which ought ever to be maintained, that they were to avoid taking part in the political fchemes of any of the country princes; and did in particular order and direct that they should not engage with a certain prince called Shuja al Dowla, Nabob of Owde, and Vizier of the empire, in any operations beyond certain limits in the faid orders specially defcrib ed."

To this I reply, That is not true, in the terms ftated in the charge, that the Court of Directors did "pofitively" direct their fervants in Bengal not to engage in any offenfive war" whatfoever;" and, that they

did in particular order and direct that they thould not engage with the Nabob Sujah Dowlah, in any operation beyond certain limits in the faid orders fpecially defcribed;" if by the term limits, are meant either boundaries of territory, or any reftriction of operations relative to the Rohilla war, which is the only fubject on which fuch orders can be applicable to the prefent charge.

The feveral letters from the Court of Directors, to which references are made in the margin of this part of the charge, as documents or evidences of the affertion contained in it, prohibit the government of Bengal "to march any part of their army for the purpose of "efcorting the King to Dehly," or to engage in any plan of alliance for "eftablishing a balance of power", among the chiefs in India; or "to take the part of umpires in Hindoftan;' with a caution to avoid taking part in any of the political schemes of any of the country princes" or "to affift Shuja Dowla in any ambitious views of his.". -And the reafons, wherever reafons are affigned, for these prohibitions are not the odium and corruption impu table to the contrary practice, but the inutility and expence of offenfive military operations, and the uncertainty of their extent and duration.

But neither are the prohibitions ftated even in thefe references as pofitive:" for in one place they fay: "You will obferve by the whole tenor of thefe difpatches, that

our

our views are not to enter into offenfive wars in India?" that is to fay, fuch are our general wishes in all cafes, which will admit of the correfpondent practice. And in another letter which was exprefsly written upon the general subject, having, and as it appears most justly, expreffed their difapprobation of a brigade of their forces, being ftationed at Illahabad, in which they were originally placed for purposes of remote hoftility, they add this remarkable Qualification of it: " Pofitive orders upon this head we cannot give you, becaufe you muft undoubtedly act according to the emergency of affairs."

There are other paffages in the letters of the Court of Directors to their fervants in Bengal, which allow of a difpenfation from their general rule, and fome which even prescribe, in exprefs terms, a deviation from it. The following are inftances of both.

General letter to Bengal, dated 28th Auguft 1771." But the conduct of the Rohillas and Jauts, is rather a matter of concern than furprize to us, as the King and Shuja Dowla negleed the occafion to unite with thofe rowers effectually to repel the common difturbers of the empire, and confine them within the limits of their former poffeffions. To whatever caufes this general timidity or fupinenefs may have been owing, we find ourfelves. equally affected, and the tranquillity of the provinces endangered thereby; but as the projects of the King, or the conduct of the Vizier, are at prefent too myfterious for us to decide on the motives of their inactivity, and as we know not what alliances may be formed to juftify us in carrying our arms beyond the bounds of their dominions, we are prevented from propofing any precife plan for your guidance in this refpect. But should your fubfequent advices enable us to form a more certain judgment of the expediency of departing from the plan we have laid down, we shall communicate to you by fome early conveyance, how far we may be difpofed to carry our arms beyond the bounds of the provinces, or the territoties of our allies, and become the parties in an offenfive war.

In this extract, the policy of the Court of Directors is marked in its full extent; namely, That they generally difapprove, and wish to avoid offenfive wars;

The Marattas.

POL. MAG, VOL. X. MAY, 1786.

but that where their interefts are threatened with danger, either immediate, or remote, and eventual, by the defigns of other powers, they approve, and even prefcribe a deviation from their general maxim, the fame principle, with the fame exceptions, is as ftrongly and (may I fay it) moft judiciously difplayed in the following extract of their general letter of the 30th of June 1769:

We efteem ourselves bound by treaty to protect the King's perfon, and to fecure him the poffeffion of the Korah and Illa. habad diftricts. When we wrote the 11th November, 1768, we apprehended the confequences of keeping the brigade at Illahabad, would be creating Sujah Dowla a jealoufey that would in volve us in fresh troubles, having at that time no caufe to esteem him as an enemy; but, impreffed as you were, with the opinion of his hoftile intentions and growing ftrength, at the time of the dif patch of the Valentine, we shall not blame your caution for deferring the execution of our orders for its removal; nor shall we at this time attempt to give pofitive di-. rections for your conduct, which, in fuch critical cafes ought feldom to be done, and in which the fituation of affairs may be varied by unforefeen events, at the very moment we are writing; but having given you, with as much precifion as poffible, a general view of the fyftem by which we wish to see our affairs regulated, we must leave it to you to improve to the utmost of your power, every opportunity of drawing towards that point; and whenever you think yourselves obliged, for our fecurity, upon emergent occafions, to adopt measures of a contrary tendency; you are to give us very full reasons for fuch a deviation, and endeavour to return to the path we have marked out as foon as circumstances will admit."

Hence it is demonftrated, that the orders of the Company generally forbade offenfive wars; but authorised, and even enjoined them, under certain circumftances of exception from the general rule.

The charge proceeds to state, that I joined with other members of the Council, in declaring their approbation of the poli. cy of the Company's orders: That," I adopted them with fincerity and fatisfaction; and that I was too well aware of the ruinous tendency of all schemes of conqueft ever to adopt them, or ever to depart from the abfolute line of felf-defence, unlefs impelled to it by the most obvious 2 X

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leave to quote it, as it ftands in the re cords of this Honourable House.

"I hope I fhall ftand acquitted in the "breafts of all reasonable men, for main"taining the opinions quoted against me

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neceffity of the circumftances:" That I repeated this declaration to the Court of Directors, and added a folemn promife, "with the unanimous concurrence of the whole Council, that no objection or confideration fhould either tempt or compel" in the conclufion of this paragraph; me to pafs the political line which they "but I adopt it, even in the words of my (the Directors) had laid down for my "opponents; and if I am the chief of a operations with the Vizier; affuring the great fate, alluded to by them, I fhalt Directors that I fcarce faw a poffible ad- be always ready to profefs, that I d vantage which could compenfate the ha- "reckon the probable acquifition of wealth ard and expence to be incurred by a con- among my reafons for taking up arms trary conduct." against my neighbours. I never, in any period of my life, though long engaged "in public affairs, gave my confent for "taking up arms in an unjust caufe; and "I never thall, but in cafes of very no"torious enormity, give my consent to "take up arms in an unprofitable one."

Before I reply to this paragraph, I fhall humbly lay my claim to object, in every inftance in which they fhall be made, to inferences drawn from particular ex preffions of a general letter containing my joint fubfcription with others.

It is fufficient, in fuch compofitions, that the opinions of the whole are materially the fame, it being impoffible that they fhould be exactly the fame in all cafes or in any cafes of magnitude, efpecially fuch as involve a variety of confiderations. To the mode in which the above extracts are worded, I particularly object; because the fentiments which they contain, are expreffed as if they were efpecially and primarily my own, and only adopted by the other members of the Board in concurrence with me. With refpect to their "unanimous

concur

rence," which feems to be an indication of pofitive affertion, I beg leave to exprefs my doubts of it, having endeavoured to trace it without fuccefs, in the records to which I have had recent access, and my own memory rejecting it.

Having premifed thefe exceptions, I proceed to declare, moft chearfully and ..unrefervedly, that I avow the principle afcribed to my declarations; and make no doubt, that wherever I have had occafion to repeat them, my words have accorded invariably, and at all periods of time, with my general fentiments, which were and are an abhorrence of offenfive wars, undertaken on the exclufive principles of ambition, profit, or policy. But I will alfo avow, that I would, without fcruple, engage in an offenfive war for the fake of retaliating an injury actually done, or of meeting the certain intention of it.

I cannot better or more fully exprefs my fenfe of this principle, than in the following words extracted from an addrefs to the Court of Directors, written upwards of twelve years ago, upon the subject of the prefent charge, and therefore crave

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I prefume that the principle which I have thus ftated will be approved by the judg ments of all rational men, as it is strictly conformable to the practice of all states in all ages. Wretched and contemptible indeed would be the condition of that government which fhould preclude itfelf from contracting alliances or other engagements with foreign ftates, and invite the attacks of its lefs principled neighbours, by establishing it as a rule of fixed and invariable policy, never to commit hoftilities but in the immediate refiftance of actual invasion; and equally irreconcileable with the common fenfe of mankind would be that policy, which should reftrict the effects of a juft war to the chaftifement of wrong, and reject every advantage acquired by it.

I have been thus minute in my examination of the two fift parts of the charge, for the neceffary purpose of eftablishing the firft principle on which my juftification refted, whether as a rule of conduct prefcribed by authority, or an obligation of inherent duty. From the reft of the charge, I fhall content myself with felecting the pofitions which appear as points of crimination against me, and reply to them diftinctly.

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(The most important Parts of Mr. Haftings Defence in our next.)

Extras

Extracts from the Evidence taken before a Committee of the Houfe of Commons, being a Committee of the whole Houfe, appointed to confider of the feveral Articles of Charge of high Crimes and Mifdemeanors, prefented to the Houfe against Warren Haftings, Efq. late Governor-General of Bengal.

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OW long have you ferved in India, and in what branch of the fervice, civil or in itary?

I have ferved in India 21 years, from the rank of Second Lieutenant to that of Brigadier General and Commander in Chief.

Have you ferved any part of that time in the Upper Provinces, how long, and in what rank?

I ferved in Bengal and the Upper Provinces about 10 years, with the rank of Colonel and Brigadier General.

Was you, at or about from 1771 to 1773, Commander in Chief in thofe Provinces, and a Member of the Council?

From about 1771 to 1773, I was Brigadier General and Commander, in Chief, and a Member of the Council.

Whether you, during that fervice, endeavoured to make yourself master of the interests and disposition of the country powers relative to one another, and to the Company -I did.

Whether you know any thing of the fituation and difpofition of the Chiefs of the Rohillas, and Sujah Dowlah, Nabod of Oude, and Vizier of the Empire ? I knew they were neighbouring Provinces, and Nations; their countries lay contiguous to each other.

Do you know of any formed defign of the Rohillas to conquer Sujah Dowlah, and to extirpate his family, and the race of Mahometans that poffeffed the country of Oude, from that country, during the time of your fervice?I do not.

Do you know any thing of a defign of Sujah Dowlah for the purpofe of making a conqueft of the country of the Rohillas?

Not till after the forfeiture of the engagement they had made in their treaty of the year 1772, with Sujah Dowlah:

See a fhort history of thefe tranfactions in the Political Magazine for April lait, P. 251.

-There was always a jealoufy fubfifting between the Rohillas and Sujah Dowlah; but I do not know of any declared refolution of Sujah Dowlah to reduce their country before that period.

Has Sujah Dowlah been considered as an ambitious Prince, defirous of extending his dominions at the expence of his neighbours, or was he not?

He was an ambitious prince :-I do not know that he declared himself defirous of acquiring poffeffions, nor making conquefts, before that time.

What was the ground of jealousy be- . tween him and the Rohillas ?

It was a matter that arofe in his father's. time, upon fome territories being taken from him and poffeffed by the Rohillas: (I am speaking from hearfay, as to this laft) which he had ever kept in remem

brance.

How foon after the acceffion of Sujah Dowlah to the dominions of his father was he expelled from them by the English

arms?

I have no notes of that circumftance, and I do not recollect.

How long had he been restored to his dominions before his treaty with the Rohillas to fecure them against invafion from the Mahratias?

That is another question which I was not prepared for :-He was reftored to his dominions after the battle of Buxar, in which he was defeated by the army under Colonel Munro.

Was you privy to the treaty between the Rohillas and Sujah Dowlah, for the purpofe already mentioned?

If the queftion means in the year 1772, I was.

Did you fign it as a witness?

I did.

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