The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)

ELEVENTH REPORT

From the SELECT COMMITTEE appointed to take into consideration the state of the administration of justice in the provinces of Bengal, Bahar, and Orissa, and to report the same, as it shall appear to them, to the House, with their observations thereupon; and who were instructed to consider how the British possessions in the East Indies may be held and governed with the greatest security and advantage to this country, and by what means the happiness of the native inhabitants may be best protected.

Your Committee, in the course of their inquiry into the obedience yielded by the Company's Servants to the orders of the Court of Directors, (the authority of which orders had been strengthened by the Regulating Act of 1773,) could not overlook one of the most essential objects of that act and of those orders, namely, the taking of gifts and presents. These pretended free gifts from the natives to the Company's servants in power had never been authorized by law; they are contrary to the covenants formerly entered into by the President and Council, they are strictly forbidden by the act of Parliament, and forbidden upon grounds of the most substantial policy.

Before the Regulating Act of 1773, the allowances made by the Company to the Presidents of Bengal were abundantly sufficient to guaranty them against anything like a necessity for giving into that pernicious practice. The act of Parliament which appointed a Governor-General in the place of a President, as it was extremely particular in enforcing the prohibition of those presents, so it was equally careful in making an ample provision for supporting the dignity of the office, in order to remove all excuse for a corrupt increase of its emoluments.

Although evidence on record, as well as verbal testimony, has appeared before your Committee of presents to a large amount having been received by Mr. Hastings and others before the year 1775, they were not able to find distinct traces of that practice in him or any one else for a few years.

The inquiries set on foot in Bengal, by order of the Court of Directors, in 1775, with regard to all corrupt practices, and the vigor with which they were for some time pursued, might have given a temporary check to the receipt of presents, or might have produced a more effectual concealment of them, and afterwards the calamities which befell almost all who were concerned in the first discoveries did probably prevent any further complaint upon the subject; but towards the close of the last session your Committee have received much of new and alarming information concerning that abuse.

The first traces appeared, though faintly and obscurely, in a letter to the Court of Directors from the Governor-General, Mr. Hastings, written on the 29th of November, 1780.[14 - Appendix B. No. 1 (#x8_pgepubid00022).] It has been stated in a former Report of your Committee,[15 - Vide Supplement to the Second Report, page 7.] that on the 26th of June, 1780, Mr. Hastings being very earnest in the prosecution of a particular operation in the Mahratta war, in order to remove objections to that measure, which were made on account of the expense of the contingencies, he offered to exonerate the Company from that "charge." Continuing his Minute of Council, he says, "That sum" (a sum of about 23,000l.) "I have already deposited, within a small amount, in the hands of the sub-treasurer; and I beg that the board will permit it to be accepted for that service." Here he offers in his own person; he deposits, or pretends that he deposits, in his own person; and, with the zeal of a man eager to pledge his private fortune in support of his measures, he prays that his offer may be accepted. Not the least hint that he was delivering back to the Company money of their own, which he had secreted from them. Indeed, no man ever made it a request, much less earnestly entreated, "begged to be permitted," to pay to any persons, public or private, money that was their own.

It appeared to your Committee that the money offered for that service, which was to forward the operations of a detachment under Colonel Camac in an expedition against one of the Mahratta chiefs, was not accepted. And your Committee, having directed search to be made for any sums of money paid into the Treasury by Mr. Hastings for this service, found, that, notwithstanding his assertion of having deposited "two lacs of rupees, or within a trifle of that sum, in the hands of the sub-treasurer," no entry whatsoever of that or any other payment by the Governor-General was made in the Treasury accounts at or about that time.[16 - Appendix. B. No. 2 (#x8_pgepubid00023).] This circumstance appeared very striking to your Committee, as the non-appearance in the Company's books of the article in question must be owing to one or other of these four causes:—That the assertion of Mr. Hastings, of his having paid in near two lacs of rupees at that time, was not true; or that the sub-treasurer may receive great sums in deposit without entering them in the Company's Treasury accounts; or that the Treasury books themselves are records not to be depended on; or, lastly, that faithful copies of these books of accounts are not transmitted to Europe. The defect of an entry corresponding with Mr. Hastings's declaration in Council can be attributed only to one of these four causes,—of which the want of foundation in his recorded assertion, though very blamable, is the least alarming.

On the 29th of November following, Mr. Hastings communicated to the Court of Directors some sort of notice of this transaction.[17 - Vide Appendix B. No. 1 (#x8_pgepubid00022).] In his letter of that date he varies in no small degree the aspect under which the business appeared in his Minute of Consultation of the 26th of June. In his letter he says to the Directors, "The subject is now become obsolete; the fair hopes which I had built upon the prosecution of the Mahratta war have been blasted by the dreadful calamities which have befallen your Presidency of Fort St. George, and changed the object of our pursuit from the aggrandizement of your power to its preservation." After thus confessing, or rather boasting, of his motives to the Mahratta war, he proceeds: "My present reason for reverting to my own conduct on the occasion which I have mentioned" (namely, his offering a sum of money for the Company's service) "is to obviate the false conclusions or purposed misrepresentations which may be made of it, either as an artifice of ostentation or the effect of corrupt influence, by assuring you that the money, by whatever means it came into my possession, was not my own, that I had myself no right to it, nor would or could have received it but for the occasion which prompted me to avail myself of the accidental means which were at that instant afforded me of accepting and converting it to the property and use of the Company: and with this brief apology I shall dismiss the subject."

The apology is brief indeed, considering the nature of the transaction; and what is more material than its length or its shortness, it is in all points unsatisfactory. The matter becomes, if possible, more obscure by his explanation. Here was money received by Mr. Hastings, which, according to his own judgment, he had no right to receive; it was money which, "but for the occasion that prompted him, he could not have accepted"; it was money which came into his, and from his into the Company's hands, by ways and means undescribed, and from persons unnamed: yet, though apprehensive of false conclusions and purposed misrepresentations, he gives his employers no insight whatsoever into a matter which of all others stood in the greatest need of a full and clear elucidation.

Although he chooses to omit this essential point, he expresses the most anxious solicitude to clear himself of the charges that might be made against him, of the artifices of ostentation, and of corrupt influence. To discover, if possible, the ground for apprehending such imputations, your Committee adverted to the circumstances in which he stood at the time: they found that this letter was dispatched about the time that Mr. Francis took his passage for England; his fear of misrepresentation may therefore allude to something which passed in conversation between him and that gentleman at the time the offer was made.

It was not easy, on the mere face of his offer, to give an ill turn to it. The act, as it stands on the Minute, is not only disinterested, but generous and public-spirited. If Mr. Hastings apprehended misrepresentation from Mr. Francis, or from any other person, your Committee conceive that he did not employ proper means for defeating the ill designs of his adversaries. On the contrary, the course he has taken in his letter to the Court of Directors is calculated to excite doubts and suspicions in minds the most favorably disposed to him. Some degree of ostentation is not extremely blamable at a time when a man advances largely from his private fortune towards the public service. It is human infirmity at the worst, and only detracts something from the lustre of an action in itself meritorious. The kind of ostentation which is criminal, and criminal only because it is fraudulent, is where a person makes a show of giving when in reality he does not give. This imposition is criminal more or less according to the circumstances. But if the money received to furnish such a pretended gift is taken from any third person without right to take it, a new guilt, and guilt of a much worse quality and description, is incurred. The Governor-General, in order to keep clear of ostentation, on the 29th of November, 1780, declares, that the sum of money which he offered on the 26th of the preceding June as his own was not his own, and that he had no right to it. Clearing himself of vanity, he convicts himself of deceit, and of injustice.

The other object of this brief apology was to clear himself of corrupt influence. Of all ostentation he stands completely acquitted in the month of November, however he might have been faulty in that respect in the month of June; but with regard to the other part of the apprehended charge, namely, corrupt influence, he gives no satisfactory solution. A great sum of money "not his own,"—money to which "he had no right,"—money which came into his possession "by whatever means":—if this be not money obtained by corrupt influence, or by something worse, that is, by violence or terror, it will be difficult to fix upon circumstances which can furnish a presumption of unjustifiable use of power and influence in the acquisition of profit. The last part of the apology, that he had converted this money ("which he had no right to receive") to the Company's use, so far as your Committee can discover, does nowhere appear. He speaks, in the Minute of the 26th of June, as having then actually deposited it for the Company's service; in the letter of November he says that he converted it to the Company's property: but there is no trace in the Company's books of its being ever brought to their credit in the expenditure for any specific service, even if any such entry and expenditure could justify him in taking money which he had by his own confession, "no right to receive."

The Directors appear to have been deceived by this representation, and in their letter of January, 1782,[18 - Appendix B. No. 7 (#x8_pgepubid00029).] consider the money as actually paid into their Treasury. Even under their error concerning the application of the money, they appear rather alarmed than satisfied with the brief apology of the Governor-General. They consider the whole proceeding as extraordinary and mysterious. They, however, do not condemn it with any remarkable asperity; after admitting that he might be induced to a temporary secrecy respecting the members of the board, from a fear of their resisting the proposed application, or any application of this money to the Company's use, yet they write to the Governor-General and Council as follows:—"It does not appear to us that there could be any real necessity for delaying to communicate to us immediate information of the channel by which the money came into Mr. Hastings's possession, with a complete illustration of the cause or causes of so extraordinary an event." And again: "The means proposed of defraying the extra expenses are very extraordinary; and the money, we conceive, must have come into his hands by an unusual channel; and when more complete information comes before us, we shall give our sentiments fully on the transaction." And speaking of this and other moneys under a similar description, they say, "We shall suspend our judgment, without approving it in the least degree, or proceeding to censure our Governor-General for this transaction." The expectations entertained by the Directors of a more complete explanation were natural, and their expression tender and temperate. But the more complete information which they naturally expected they never have to this day received.

Mr. Hastings wrote two more letters to the Secret Committee of the Court of Directors, in which he mentions this transaction: the first dated (as he asserts, and a Mr. Larkins swears) on the 22d of May, 1782;[19 - Appendix B. No. 3 (#x8_pgepubid00025) and No. 5 (#x8_pgepubid00027).] the last, which accompanied it, so late as the 16th of December in the same year.[20 - Appendix B. No 6 (#x8_pgepubid00028).] Though so long an interval lay between the transaction of the 26th of June, 1780, and the middle of December, 1782, (upwards of two years,) no further satisfaction is given. He has written, since the receipt of the above letter of the Court of Directors, (which demanded, what they had a right to demand, a clear explanation of the particulars of this sum of money which he had no right to receive,) without giving them any further satisfaction. Instead of explanation or apology, he assumes a tone of complaint and reproach, to the Directors: he lays before them a kind of an account of presents received, to the amount of upwards of 200,000l.,—some at a considerable distance of time, and which had not been hitherto communicated to the Company.

In the letter which accompanied that very extraordinary account, which then for the first time appeared, he discovers no small solicitude to clear himself from the imputation of having these discoveries drawn from him by the terrors of the Parliamentary inquiries then on foot. To remove all suspicion of such a motive for making these discoveries, Mr. Larkins swears, in an affidavit made before Mr. Justice Hyde, bearing even date with the letter which accompanies the account, that is, of the 16th of December, 1782, that this letter had been written by him on the 22d of May, several months before it was dispatched.[21 - Vide Larkins's Affidavit, Appendix B. No. 5 (#x8_pgepubid00027).] It appears that Mr. Larkins, who makes this voluntary affidavit, is neither secretary to the board, nor Mr. Hastings's private secretary, but an officer of the Treasury of Bengal.

Mr. Hastings was conscious that a question would inevitably arise, how he came to delay the sending intelligence of so very interesting a nature from May to December. He therefore thinks it necessary to account for so suspicious a circumstance. He tells the Directors, "that the dispatch of the 'Lively' having been protracted from time to time, the accompanying address, which was originally designed and prepared for that dispatch, and no other since occurring, has of course been thus long delayed."

The Governor-General's letter is dated the 22d May, and the "Resolution" was the last ship of the season dispatched for Europe. The public letters to the Directors are dated the 9th May; but it appears by the letter of the commander of the ship that he did not receive his dispatches from Mr. Lloyd, then at Kedgeree, until the 26th May, and also that the pilot was not discharged from the ship until the 11th June. Some of these presents (now for the first time acknowledged) had been received eighteen months preceding the date of this letter,—none less than four months; so that, in fact, he might have sent this account by all the ships of that season; but the Governor-General chose to write this letter thirteen days after the determination in Council for the dispatch of the last ship.

It does not appear that he has given any communication whatsoever to his colleagues in office of those extraordinary transactions. Nothing appears on the records of the Council of the receipt of the presents; nor is the transmission of this account mentioned in the general letter to the Court of Directors, but in a letter from himself to their Secret Committee, consisting generally of two persons, but at most of three. It is to be observed that the Governor-General states, "that the dispatch of the 'Lively' had been protracted from time to time; that this delay was of no public consequence; but that it produced a situation which with respect to himself he regarded as unfortunate, because it exposed him to the meanest imputations, from the occasion which the late Parliamentary inquiries have since furnished, but which were unknown when his letter was written." If the Governor-General thought his silence exposed him to the meanest imputations, he had the means in his own power of avoiding those imputations: he might have sent this letter, dated the 22d May, by the Resolution. For we find, that, in a letter from Captain Poynting, of the 26th May, he states it not possible for him to proceed to sea with the smallest degree of safety without a supply of anchors and cables, and most earnestly requests they may be supplied from Calcutta; and on the 28th May we find a minute from the Secretary of the Council, Mr. Auriol, requesting an order of Council to the master-attendant to furnish a sloop to carry down those cables; which order was accordingly issued on the 30th May. There requires no other proof to show that the Governor-General had the means of sending this letter seven days after he wrote it, instead of delaying it for near seven months, and because no conveyance had offered. Your Committee must also remark, that the conveyance by land to Madras was certain; and whilst such important operations were carrying on, both by sea and land, upon the coast, that dispatches would be sent to the Admiralty or to the Company was highly probable.

If the letter of the 22d May had been found in the list of packets sent by the Resolution, the Governor General would have established in a satisfactory manner, and far beyond the effect of any affidavit, that the letter had been written at the time of the date. It appears that the Resolution, being on her voyage to England, met with so severe a gale of wind as to be obliged to put back to Bengal, and to unload her cargo. This event makes no difference in the state of the transaction. Whatever the cause of these new discoveries might have been, at the time of sending them the fact of the Parliamentary inquiry was publicly known.

In the letter of the above date Mr. Hastings laments the mortification of being reduced to take precautions "to guard his reputation from dishonor."—"If I had," says he, "at any time possessed that degree of confidence from my immediate employers which they have never withheld from the meanest of my predecessors, I should have disdained to use these attentions."

Who the meanest of Mr. Hastings's predecessors were does not appear to your Committee; nor are they able to discern the ground of propriety or decency for his assuming to himself a right to call any of them mean persons. But if such mean persons have possessed that degree of confidence from his immediate employers which for so many years he had not possessed "at any time," inferences must be drawn from thence very unfavorable to one or the other of the parties, or perhaps to both. The attentions which he practises and disdains can in this case be of no service to himself, his employers, or the public; the only attention at all effectual towards extenuating, or in some degree atoning for, the guilt of having taken money from individuals illegally was to be full and fair in his confession of all the particulars of his offence. This might not obtain that confidence which at no time he has enjoyed, but still the Company and the nation might derive essential benefit from it; the Directors might be able to afford redress to the sufferers; and by his laying open the concealed channels of abuse, means might be furnished for the better discovery, and possibly for the prevention, or at least for the restraint, of a practice of the most dangerous nature,—a practice of which the mere prohibition, without the means of detection, must ever prove, as hitherto it had proved, altogether frivolous.

Your Committee, considering that so long a time had elapsed without any of that information which the Directors expected, and perceiving that this receipt of sums of money under color of gift seemed a growing evil, ordered the attendance of Mr. Hastings's agent, Major Scott. They had found, on former occasions, that this gentleman was furnished with much more early and more complete intelligence of the Company's affairs in India than was thought proper for the Court of Directors; they therefore examined him concerning every particular sum of money the receipt of which Mr. Hastings had confessed in his account. It was to their surprise that Mr. Scott professed himself perfectly uninstructed upon almost every part of the subject, though the express object of his mission to England was to clear up such matters as might be objected to Mr. Hastings; and for that purpose he had early qualified himself by the production to your Committee of his powers of agency. The ignorance in which Mr. Hastings had left his agent was the more striking, because he must have been morally certain, that, if his conduct in these points should have escaped animadversion from the Court of Directors, it must become an object of Parliamentary inquiry; for, in his letter of the 15th [16th?] of December, 1782, to the Court of Directors, he expressly mentions his fears that those Parliamentary inquiries might be thought to have extorted from him the confessions which he had made.

Your Committee, however, entering on a more strict examination concerning the two lacs of rupees, which Mr. Hastings declares he had no right to take, but had taken from some person then unknown, Major Scott recollected that Mr. Hastings had, in a letter of the 7th of December, 1782, (in which he refers to some former letter,) acquainted him with the name of the person from whom he had received these two lacs of rupees, mentioned in the minute of June, 1780. It turned out to be the Rajah of Benares, the unfortunate Cheyt Sing.

In the single instance in which Mr. Scott seemed to possess intelligence in this matter, he is preferred to the Court of Directors. Under their censure as Mr. Hastings was, and as he felt himself to be, for not informing them of the channel in which he received that money, he perseveres obstinately and contemptuously to conceal it from them; though he thought fit to intrust his agent with the secret.

Your Committee were extremely struck with this intelligence. They were totally unacquainted with it, when they presented to the House the Supplement to their Second Report, on the affairs of Cheyt Sing. A gift received by Mr. Hastings from the Rajah of Benares gave rise in their minds to serious reflections on the condition of the princes of India subjected to the British authority. Mr. Hastings was, at the very time of his receiving this gift, in the course of making on the Rajah of Benares a series of demands, unfounded and unjustifiable, and constantly growing in proportion as they were submitted to. To these demands the Rajah of Benares, besides his objections in point of right, constantly sat up a plea of poverty. Presents from persons who hold up poverty as a shield against extortion can scarcely in any case be considered as gratuitous, whether the plea of poverty be true or false. In this case the presents might have been bestowed; if not with an assurance, at least with a rational hope, of some mitigation in the oppressive requisitions that were made by Mr. Hastings; for to give much voluntarily, when it is known that much will be taken away forcibly, is a thing absurd and impossible. On the other [one?] hand, the acceptance of that gift by Mr. Hastings must have pledged a tacit faith for some degree of indulgence towards the donor: if it was a free gift, gratitude, if it was a bargain, justice obliged him to do it. If, on the other hand, Mr. Hastings originally destined (as he says he did) this money, given to himself secretly and for his private emolument, to the use of the Company, the Company's favor, to whom he acted as trustee, ought to have been purchased by it. In honor and justice he bound and pledged himself for that power which was to profit by the gift, and to profit, too, in the success of an expedition which Mr. Hastings thought so necessary to their aggrandizement. The unhappy man found his money accepted, but no favor acquired on the part either of the Company or of Mr. Hastings.

Your Committee have, in another Report, stated to the House that Mr. Hastings attributed the extremity of distress which the detachments under Colonel Camac had suffered, and the great desertions which ensued on that expedition, to the want of punctuality of the Rajah in making payment of one of the sums which had been extorted from him; and this want of punctual payment was afterwards assigned as a principal reason for the ruin of this prince. Your Committee have shown to the House, by a comparison of facts and dates, that this charge is wholly without foundation. But if the cause of Colonel Camac's failure had been true as to the sum which was the object of the public demand, the failure could not be attributed to the Rajah, when he had on the instant privately furnished at least 23,000l. to Mr. Hastings,—that is, furnished the identical money which he tells us (but carefully concealing the name of the giver) he had from the beginning destined, as he afterwards publicly offered, for this very expedition of Colonel Camac's. The complication of fraud and cruelty in the transaction admits of few parallels. Mr. Hastings at the Council Board of Bengal displays himself as a zealous servant of the Company, bountifully giving from his own fortune, and in his letter to the Directors (as he says himself) as going out of the ordinary roads for their advantage;[22 - Vide Appendix B. No. 1 (#x8_pgepubid00022).] and all this on the credit of supplies derived from the gift of a man whom he treats with the utmost severity, and whom he accuses, in this particular, of disaffection to the Company's cause and interests.

With 23,000l. of the Rajah's money in his pocket, he persecutes him to his destruction,—assigning for a reason, that his reliance on the Rajah's faith, and his breach of it, were the principal causes that no other provision was made for the detachment on the specific expedition to which the Rajah's specific money was to be applied. The Rajah had given it to be disposed of by Mr. Hastings; and if it was not disposed of in the best manner for the accomplishing his objects, the accuser himself is the criminal.

To take money for the forbearance of a just demand would have been corrupt only; but to urge unjust public demands,—to accept private pecuniary favors in the course of those demands,—and, on the pretence of delay or refusal, without mercy to persecute a benefactor,—to refuse to hear his remonstrances,—to arrest him in his capital, in his palace, in the face of all the people,—thus to give occasion to an insurrection, and, on pretext of that insurrection, to refuse all treaty or explanation,—to drive him from his government and his country,—to proscribe him in a general amnesty,—and to send him all over India a fugitive, to publish the shame of British government in all the nations to whom he successively fled for refuge,—these are proceedings to which, for the honor of human nature, it is hoped few parallels are to be found in history, and in which the illegality and corruption of the acts form the smallest part of the mischief.

Such is the account of the first sum confessed to be taken as a present by Mr. Hastings, since the year 1775; and such are its consequences. Mr. Hastings apologizes for this action by declaring "that he would not have received the money but for the occasion, which prompted him to avail himself of the accidental means which were at that instant afforded him of accepting and converting it to the use of the Company."[23 - Vide Appendix B. No. 1 (#x8_pgepubid00022).] By this account, he considers the act as excusable only by the particular occasion, by the temptation of accidental means, and by the suggestion of the instant. How far this is the case appears by the very next paragraph of this letter in which the account is given and in which the apology is made. If these were his sentiments in June, 1780, they lasted but a very short time: his accidental means appear to be growing habitual.

To point out in a clear manner the spirit of the second money transaction to which your Committee adverted, which is represented by Mr. Hastings as having some "affinity with the former anecdote,"[24 - Ibid. (#x8_pgepubid00022)] (for in this light kind of phrase he chooses to express himself to his masters,) your Committee think it necessary to state to the House, that the business, namely, this business, which was the second object of their inquiry, appears in three different papers and in three different lights: on comparing of these authorities, in every one of which Mr. Hastings is himself the voucher, if one of the three be true, the other two must necessarily be false.

These three authorities, which your Committee has accurately compared, are, first, his minutes on the Consultations;[25 - Ibid., No. 8 (#x8_pgepubid00030).] secondly, his letter to the Court of Directors on the 29th of November, 1780;[26 - Ibid., No. 1 (#x8_pgepubid00022).] thirdly, his account, transmitted on the 16th of December, 1782.[27 - Ibid., No. 4 (#x8_pgepubid00026).]

About eight months after the first transaction relative to Cheyt Sing, and which is just reported, that is, on the 5th of January, 1781, Mr. Hastings produced a demand to the Council for money of his own expended for the Company's service.[28 - Appendix B. No. 8 (#x8_pgepubid00030).] Here was no occasion for secrecy. Mr. Francis was on his passage to Europe; Mr. Wheler was alone left, who no longer dissented from anything; Mr. Hastings was in effect himself the whole Council. He declared that he had disbursed three lacs of rupees, that is, thirty-four thousand five hundred pounds, in secret services,—which having, he says, "been advanced from my own private cash, I request that the same may be repaid to me in the following manner." He accordingly desires three bonds, for a lac of Sicca rupees each, to be given to him in two of the Company's subscriptions,—one to bear interest on the eight per cent loan, the other two in the four per cent: the bonds were antedated to the beginning of the preceding October. On the 9th of the same month, that is, on the 9th of January, 1781, the three bonds were accordingly ordered.[29 - Ibid. (#x8_pgepubid00030)] So far the whole transaction appears clear, and of a piece. Private money is subscribed, and a public security is taken for it. When the Company's Treasury accounts[30 - Ibid., No. 9 (#x8_pgepubid00031).] are compared with the proceedings of their Council-General, a perfect correspondence also appears. The three bonds are then [there?] entered to Mr. Hastings, and he is credited for principal and interest on them, in the exact terms of the order. So far the official accounts,—which, because of their perfect harmony, are considered as clear and consistent evidence to one body of fact.

The second sort of document relative to these bonds (though the first in order of time) is Mr. Hastings's letter of the 29th of November, 1780.[31 - Appendix B. No. 1 (#x8_pgepubid00022).] It is written between the time of the expenditure of the money for the Company's use and the taking of the bonds. Here, for the first time, a very material difference appears; and the difference is the more striking, because Mr. Hastings claimed the whole money as his own, and took bonds for it as such, after this representation. The letter to the Company discovers that part of the money (the whole of which he had declared on record to be his own, and for which he had taken bonds) was not his, but the property of his masters, from whom he had taken the security. It is no less remarkable that the letter which represents the money as belonging to the Company was written about six weeks before the Minute of Council in which he claims that money as his own. It is this letter on which your Committee is to remark.

Mr. Hastings, after giving his reasons for the application of the three lacs of rupees, and for his having for some time concealed the fact, says, "Two thirds of that sum I have raised by my own credit, and shall charge it in my official account; the other third I have supplied from the cash in my hands belonging to the Honorable Company."[32 - Ibid. (#x8_pgepubid00022)]

The House will observe, that in November he tells the Directors that he shall charge only two thirds in his official accounts; in the following January he charges the whole.[33 - Ibid., No. 8 (#x8_pgepubid00030).] For the other third, although he admitted that to belong to the Company, we have seen that he takes a bond to himself.

It is material that he tells the Company in his letter that these two lacs of rupees were raised on his credit. His letter to the Council says that they were advanced from his private cash. What he raises on his credit may, on a fair construction, be considered as his own: but in this, too, he fails; for it is certain he has never transferred these bonds to any creditor; nor has he stated any sum he has paid, or for which he stands indebted, on that account, to any specific person. Indeed, it was out of his power; for the first two thirds of the money, which he formerly stated as raised upon his credit, he now confesses to have been from the beginning the Company's property, and therefore could not have been raised on his private credit, or borrowed from any person whatsoever.

To these two accounts, thus essentially varying, he has added a third,[34 - Appendix B. No. 4 (#x8_pgepubid00026): The Governor-General's Account of Moneys received, dated 22d May, 1782. Also, Appendix B. No. 9 (#x8_pgepubid00031): The Auditor's Account of Bonds granted to the Governor-General.] varying at least as essentially from both. In his last or third account, which is a statement of all the sums he has received in an extraordinary manner, and confessed to be the Company's property, he reverses the items of his first account, and, instead of allowing the Company but one third and claiming two thirds for himself, he enters two of the bonds, each for a lac of rupees, as belonging to the Company: of the third bond, which appears so distinctly in the Consultations and in the Treasury accounts, not one word is said; ten thousand pounds is absorbed, sinks, and disappears at once, and no explanation whatsoever concerning it is given; Mr. Hastings seems not yet to have decided to whose account it ought to be placed. In this manner his debt to the Company, or the Company's to him, is just what he thinks fit. In a single article he has varied three times. In one account he states the whole to be his own; in another he claims two thirds; in the last he gives up the claim of the two thirds, and says nothing to the remaining portion.

To make amends, however, for the suppression of this third bond, given with the two others in January, 1781, and antedated to the beginning of October, Mr. Hastings, in the above-mentioned general account subjoined to his letter of the 22d May, 1782, has brought to the Company's credit a new bond.[35 - Vide Appendix B. No. 4 (#x8_pgepubid00026).]

This bond is for 17,000l. It was taken from the Company (and so it appears on their Treasury accounts) on the 23d of November, 1780. He took no notice of this, when, in January following, he called upon his own Council for the three others. What is more extraordinary, he was equally silent with regard to it, when, only six days after its date, he wrote concerning the subject of the three other bonds to the Court of Directors; yet now it comes out, that that bond also was taken by Mr. Hastings from the Company for money which he declares he had received on the Company's account, and that he entered himself as creditor when he ought to have made himself debtor.

Your Committee examined Major Scott concerning this money, which Mr. Hastings must have obtained in some clandestine and irregular mode; but they could obtain no information of the persons from whom it was taken, nor of the occasion or pretence of taking this large sum; nor does any Minute of Council appear for its application to any service. The whole of the transaction, whatever it was, relative to this bond, is covered with the thickest obscurity.

Mr. Hastings, to palliate the blame of his conduct, declares that he has not received any interest on these bonds,—and that he has indorsed them as not belonging to himself, but to the Company.[36 - Vide Mr. Hastings's Account, in Appendix B. No. 4 (#x8_pgepubid00026).] As to the first part of this allegation, whether he received the interest or let it remain in arrear is a matter of indifference, as he entitled himself to it; and so far as the legal security he has taken goes, he may, whenever he pleases, dispose both of principal and interest. What he has indorsed on the bonds, or when he made the indorsement, or whether in fact he has made it at all, are matters known only to himself; for the bonds must be in his possession, and are nowhere by him stated to be given up or cancelled,—which is a thing very remarkable, when he confesses that he had no right to receive them.

These bonds make but a part of the account of private receipts of money by Mr. Hastings, formerly paid into the Treasury as his own property, and now allowed not to be so. This account brings into view other very remarkable matters of a similar nature and description.[37 - Vide Hastings's Account, dated 22d May, 1782, in Appendix B. No. 4 (#x8_pgepubid00026).]

In the public records, a sum of not less than 23,871l. is set to his credit as a deposit for his private account, paid in by him into the Treasury in gold, and coined at the Company's mint.[38 - Vide above Appendix (#x8_pgepubid00026), and B. No. 2 (#x8_pgepubid00023).] This appears in the account furnished to the Directors, under the date of May, 1782, not to be lawfully his money, and he therefore transfers it to the Company's credit: it still remains as a deposit.[39 - Vide above Appendix (#x8_pgepubid00023).]

That the House may be apprised of the nature of this article of deposit, it may not be improper to state that the Company receive into their treasury the cash of private persons, placed there as in a bank. On this no interest is paid, and the party depositing has a right to receive it upon demand. Under this head of account no public money is ever entered. Mr. Hastings, neither at making the deposit as his own, nor at the time of his disclosure of the real proprietor, (which he makes to be the Company,) has given any information of the persons from whom this money had been received. Mr. Scott was applied to by your Committee, but could not give any more satisfaction in this particular than in those relative to the bonds.

The title of the account of the 22d of May purports not only that those sums were paid into the Company's treasury by Mr. Hastings's order, but that they were applied to the Company's service. No service is specified, directly or by any reference, to which this great sum of money has been applied.

Two extraordinary articles follow this, in the May account, amounting to about 29,000l.[40 - Vide Appendix B. No. 4 (#x8_pgepubid00026).] These articles are called Receipts for Durbar Charges. The general head of Durbar Charges, made by persons in office, when analyzed into the particulars, contains various expenses, including bounties and presents made by government, chiefly in the foreign department. But in the last account he confesses that this sum also is not his, but the Company's property; but as in all the rest, so in this, he carefully conceals the means by which he acquired the money, the time of his taking it, and the persons from whom it was taken. This is the more extraordinary, because, in looking over the journals and ledgers of the Treasury, the presents received and carried to the account of the Company (which were generally small and complimental) were precisely entered, with the name of the giver.

Your Committee, on turning to the account of Durbar charges in the ledger of that month, find the sum, as stated in the account of May 22d, to be indeed paid in; but there is no specific application whatsoever entered.

The account of the whole money thus clandestinely received, as stated on the 22d of May, 1782, (and for a great part of which Mr. Hastings to that time took credit for, and for the rest has accounted in an extraordinary manner as his own,) amounts in the whole to upwards of ninety-three thousand pounds sterling: a vast sum to be so obtained, and so loosely accounted for! If the money taken from the Rajah of Benares be added, (as it ought,) it will raise the sum to upwards of 116,000l.; if the 11,600l. bond in October be added, it will be upwards of 128,000l. received in a secret manner by Mr. Hastings in about one year and five months. To all these he adds another sum of one hundred thousand pounds, received as a present from the Subah of Oude. Total, upwards of 228,000l.

Your Committee find that this last is the only sum the giver of which Mr. Hastings has thought proper to declare. It is to be observed, that he did not receive this 100,000l. in money, but in bills on a great native money-dealer resident at Benares, and who has also an house at Calcutta: he is called Gopâl Dâs. The negotiation of these bills tended to make a discovery not so difficult as it would have been in other cases.