The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
XL. That the said Warren Hastings, when he did interfere in the
government of Oude, was obliged by his duty to interfere for the good
purposes of government, and not merely for the purpose of extorting
money therefrom and enriching his own dependants,--which latter purpose
alone he did effect, in the manner before mentioned, but not one of the
former. For the said Hastings, having procured the extraordinary powers
given by and to himself by his delegation of the 3d of July, 1781, did
declare the same to be for 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.
Public-domain text, read in full here on John Shaqi.
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