The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 486 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 486 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12).
the purpose, among many others, “of assisting the Nabob Vizier in forming such regulations as may be necessary for the peace and good order of his government and the improvement of his revenue.”  And in consequence of the said powers, the said Warren Hastings did, in the treaty of Chunar, obtain an article from the Nabob by which the said Nabob did promise to attend to his advice in the reformation of his civil administration; and he did give certain instructions to the Resident, Middleton, to which he did require him to yield the most implicit obedience, and did in one article thereof direct him to urge the Nabob to endeavor gradually, if it could not be done at once, to establish courts of adawlut [justice], and that the darogahs [chief criminal magistrates], moulavies [consulting or assistant lawyers], and other officers, should be selected by the ministers, with his, the Resident’s, concurrence; and afterwards, in his instructions to the Resident Bristow, desiring him to pursue the same object, he declared his opinion, “that the want of such courts, and the extreme licentiousness occasioned thereby, is one of the most disreputable defects in his Highness the Nabob’s government, and that, while they do not exist, every man knows the hazard which he incurs in lending his money “; but he did give him, the said Resident, no positive instruction concerning the same, supposing the establishment of such courts a matter of difficulty, and did therefore leave him a latitude in his proceedings therein.

XLI.  That the said Resident Bristow did, however, in conformity to the said instructions, at last given with such latitude, endeavor to prevail on the said minister gradually to introduce courts of justice for the cognizance of crimes, by beginning to establish a criminal court under a native judge, to judge according to the Mahomedan law in the city of Lucknow.  But Hyder Beg Khan, a minister of the said Warren Hastings’s nomination, and solely dependent upon him, did elude and obstruct, and in the end totally defeat, the establishment of the same.

XLII.  That the obstruction aforesaid, and the evil consequences thereof, were duly represented to the said Hastings; and though the said Hastings had made it the fourth article of a criminal charge against the Resident Middleton, “that he did not report to the Governor-General, or to the board, the progress which he had made from time to time in his endeavors to comply with his instructions, and that, if he met with any impediments in the execution of them, he had omitted to state those impediments, and to apply for fresh orders upon them,” yet he, the said Hastings, did give no manner of support to the Resident Bristow against the said Hyder Beg Khan, and did not even answer several of his letters, the said Bristow’s letters, stating the said impediments, or take any notice of his remonstrances, but did at length revoke his own instructions, declaring that he, the said Resident, should not presume to act upon the same, and yet did not furnish him with any others, upon which he might act, but did uphold the said Hyder Beg Khan in the obstruction by him given to the performance of the first and fundamental duty of all government,—­namely, the administration of justice, and the protection of the lives and property of the subject against wrong and violence.

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The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) from Project Gutenberg. Public domain.