The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
I am here to remark to your Lordships, that the last of these petitions
begins by stating, "I before this have had the honor of addressing
several arzees to your presence; but, from my unfortunate state, not one
of them has been perused by your Highness." My Lords, if there is any
one right secured to the subject, it is that of presenting a petition
and having that petition noticed. This right grows in importance in
proportion to the power and despotic nature of the governments to which
the petitioner is subject: for where there is no sort of remedy from any
fixed laws, nothing remains but complaint, and prayers, and petitions.
This was the case in Benares: for Mr. Hastings had destroyed every trace
of law, leaving only the police of the single city of Benares. Still we
find this complaint, prayer, and petition was not the first, but only
one of many, which Mr. Hastings took no notice of, entirely despised,
and never would suffer to be produced to the Council; which never knew
anything, until this bundle of papers came before them, of the complaint
of Mr. Markham against Durbege Sing, or of the complaint of Durbege Sing
against Mr. Markham.
Observe, my Lords, the person that put Durbege Sing in prison was Mr.
Markham; while the complaint in the arzee is, that Mr. Markham was
himself the cause of the very failure for which he imprisoned him. Now
what was the conduct of Mr. Hastings as judge? He has two persons before
him: the one in the ostensible care of the revenue of the country; the
other his own agent, acting under his authority. The first is accused by
the second of default in his payments; the latter is complained of by
the former, who says that the occasion of the accusation had been
furnished by him, the accuser. The judge, instead of granting redress,
dismisses the complaints against Mr. Markham with reprehension, and
sends the complainant to rot in prison, without making one inquiry, or
giving himself the trouble of stating to Mr. Markham the complaints
against him, and desiring him to clear himself from them. My Lords, if
there were nothing but this to mark the treacherous and perfidious
nature of his conduct, this would be sufficient.
In this state of things, Mr. Hastings thus writes.
"To Mr. Markham. The measures which you have taken with Baboo Durbege
Sing are perfectly right and proper, so far as they go; and we now
direct that you exact from him, with the utmost rigor, every rupee of
the collections which it shall appear that he has made and not brought
to account, and either confine him at Benares, or send him prisoner to
Chunar, and keep him in confinement until he shall have discharged the
whole of the amount due from him."
Public-domain text, read in full here on John Shaqi.
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