463 A^P2 1783 Letter to the Rt . Hon. Burke, in Reply to the Insinuations in the Ninth Re- nort of the Select Committee Ry John Scott UNIVERSITY OF CALIFORNIA AT LOS ANGELES I A LETTER TO THE Rt. Hon. EDMUND BURKE, Iii Reply to the Inlinuations IN THE Ninth Report OF THE SELECT COMMITTEE, Which afTed* the Charafter of Mr. HASTINGS. By J. S. - LONDON: "Printed in the Year M ncc LXXXIII. TO THE Right Honorable Edmund Burke. 1 S I R, London, igf/j June THE ninth Report of the Select Committee has at length been pub- limed. Several months have elapfed fmce you firft declared, that the merit of this extraordinary compofition, when- ever it appeared, would be folely and exclufively your own. The feventh Re- port, which was confined to the bufinefs of Mr. Sulivan, Sir William James and Mr. Wilks, was the production of your honorable friend, General ithj but as the members within doors, and the public without, have been lefs warm in commendation of that per- formance 354756 V [ 4 ] forrriance than yourfelf, it has fo hap- pened, that tho' you were both folemnly pledged to prove the matter, neither tri- vial, unimportant, nor worthy to be pre- fented on the \Jl of April, you confented to the proportion of Mr. Fox, that the confideration of the fubje6t mould be poftponed to a future day, which was in facl: difmimng it for ever The ninth Report however treats of fo many fub- jedts of great importance, that it can neither be haftily or lightly anfwered. I mall not prefume to anticipate the de- fence, which the Eaft-India Company will doubtlefs make to fo many very fe- rious and heavy charges j nor mall I fay a fyllable in reply to the illiberal abufe which you have heaped upon the Court of Proprietors, for premming to exercife thofe Rights legally veiled in them, when they acknowledged the merits and qualifications of Mr. HaiUngs. I mall confine myfelf folely to the correction of fuch errors and mii- reprefentations, as may tend to imprefs the public with an unfavorable opinion of his character. Indeed almoft every thing contained in the prefent Report, in which he is concerned, has already been brought forward by your Com- mittee, [ 5 ] mittee, and fully, fairly, and fatisfa&o- rily refuted by " Detector." The only new points are, the remarks upon the plan of the 8th of April, 1782, for fur- niming an inveftment, and the hiftory of Mr. Haftings's pretended reiignation in 1776. I give you, Sir, every credit you can require, for the many very ingenious ar- guments, which you have made uf of to depreciate the plan of the 8th of \ April/ but I really do not fee with what propriety they were introduced into a Report, profefTedly made for the purpofe of giving information to the Houfe of Commons, in order to enable them to adopt the mofl proper means for regulat* Ing the Britljh Government in India. You knew, on Friday,^ the I3th Inftant, at the time your worthy Chairman pre- iented the Report, that the plan, whe- N ther good or bad, was abandoned ; you had known it above two months; even the Lively' s packets had been a month at the India-Houfe, and they contained a minute from the Governor- General and Council, from which I have been able to extradl fome folid rea~ fons, which they have given for 'alter- ing the plan of the 8th of April. It would [ 6 J would not have fwelled your Report much, but it certainly would have evinced your candour, if you had infert- ed the minute at length in the body of your Report, inftead of publifhing it in your Appendix, and reprefenting oiie part of it in a falfe point of view. However, as you have not thought pro- per to do this, I beg leave to inform jfuch Members of the Honorable Houfe of Commons, as may condefcend to read this letter, that the Governor General and Council, in their minute of the joth of May, 1782, obferve, " that the plan " of the 8th and i5th of April was " liable, as they had been advifed, to " ilrong and weighty objections, and " that fince the publication of the plan, " they bad received a latitude jrom the " Company to draw bills upon them, in '* particular cajes, fucb as they conceived " the prcfent to be : They therefore re- " folve to draw upon the Company for *' eighty lacks of rupees, at an exchange " of two millings the current rupee, " payable in one and two years, without " intereft, in England, but 8 per cent. " to be allowed in Bengal, from the time " the money was paid into the Treafury, *' to the day the bills were granted; and they [ 7 1 " they further fay, that it mall be re- " commended to the Court of Dire&ors, *' (they having no power to grant Jitch an " allowance] to allow the Prefident and " Members of the Board of Trade $ per " cent, on the produce of the fales in *' England, after the manner in which " the Company gratify their fupra-car- " goes in Canton." In a letter which I did myfelf the honor to addrefs to you fome time ago, I proved, from authentic evidence, drawn from the Records of the Eait India Company, that this remittance, nego- tiated in the moment of war and diftrefs, is more advantageous, by above i2^per ^ cent, than that which your worthy Chairman General Richard Smith recom- mended to the Council in Bengal, in the time of peace and tranquillity. I alfo find, Sir, that Mr. Haftings has not fub- fcribed five thoufand pounds to this re- mittance, but your Chairman remitted the enormous fum of Eighty Three Thoufand Six Hundred Pounds, by that which he had fo ftrongly recommended. I confefs it is with difficulty I can re* jftrain my indignation, when I am vindi- cating the character of Mr. Haftings, from fuch grofs afperfions as are caft upon [ 8 ] upon it. In the firfl place he is blamed for adopting a plan, which, upon more mature reflection, and receiving a latitude from the Company for drawing upon them, he relinquiihed. Then he is laid to have allowed the Board of Trade, in his improved plan, 5 per cent, on the fales in England, when the real fact is, the Su- preme Council 'have merely recom- mended to the Court of Directors to make that allowance, which after all, it Is at their option to grant or to reject, and the recommendation was in confe- quence of a very confiderable reduction in the coil of the inveftment. Thefe ftrictures upon a plan that has never been adopted, and as you well know, never will be adopted, remind me of the very curious observation the Ge- neral made in his yth report, as to the manner in which two acts of parliament were mentioned, in a letter from Mr. Sulivan and Sir William James, to the Supreme Council. The General proves, almoft in the following page, that fuch paragraphs made no part of the letter -, and you have now favored the Houfe with an elaborate treatife upon an impolitic plan, and then gravely obferve, that " the judgment formed on the fcheme of [ 9 ] " of April (abandoned) has nothing to " do with the project of May," adopted. Then you aflign two curious reafons for not fupprefTmg your reflections, the firffc not founded in truth, the laft merely au infmuation ; for I muft inform you, Sir, that the Company received the plan of the loth of May, by the Lively, a Month before your report was prefented, though you affert that the Company does not know of it, by any regular tranfmiflion. The Governor-General's difobedience of orders is again aflerted. No new facts are adduced, and I truft I have in a former publication fully cleared up every point of this kind. I call upon your Chair- man, General Smith, who knows fome- thing of India, to declare, as a man of honor, whether the meafures purfued in England in 1776, and the two following years, were not of a moft dangerous, and mifchievous nature, that they tended to weaken the necefTary influence of the firft Britim fubjed in India. If you do not already know it, I inform you, Sir, that Mr. Haftings's language, both to his Majefty's Minifters, and to the Court of Directors, has been uniform and confift- ent. " Remove me, or confirm me, but " do not leave me at the head of the B " govern- [ 1 ] *' ment, and deprive me of the necef- " fary powers of acting with effect for te the public good." As often as you mention Mr. Haftings's conduct to Mr. Briitow, and Mr. Fowke, ib often will I repeat the evidence which I gave to your Committee, and I deiire General Richard Smith, who has ferved the Company almoft as long as I have done .in India, may contradict me, if what I advance fhould not be founded in truth and common fenfe. Mr. Mailings fucceeded to the Go- vernment of Bengal in April, 1772, at that time, and for two years afterwards he enjoyed the full confidence of his conftituents a confidence which he ne- ver abufed. I afk General Smith, if at that period, as well as during the Go- vernment of Lord Clive, Mr. Verelft and Mr. Cartier, the Court of Directors interfered in the internal arrangements of the Government of Bengal. They appointed civil Servants as they had al- ways done, but they left it to the Go- vernment abroad to employ them as they thought beft for the public fervice. What would Lord Clive have faid, had the Court of Directors nominated the junior fervants to offices of truft and confidence C ii ] confidence in Bengal. He would have declared at once that fuch an interference would effectually deftroy the neceffary authority of the Government upon the fpot. The acts of difobedience which you have again brought forward, when ftrip- ped of the fophiflry and mifreprefenta- tion, in which they are involved in the Report, are as follows. Mr. Briftow and Mr. Fowke, two gentlemen of very fair and irreproachable characters, were appointed Refidents at Oude and Benaris ; the former in the room of Mr. Middleton, who had been nominated to that employment by Mr. Haftings about a year before, the latter was appointed to a new office the very moment that his father, not in the Company's fervice, had rendered himfelf confpicuous by taking an active part a- gainft Mr. Haftings, in the unfortunate contentions which at that time divided the Supreme Council. The Governor- General oppofed both appointments, but" as you well know, Sir, he had no more power at that time in the Council, than I had. When by the death of Colonel Monfon, in September, 177^ ''he became poflefTed of fome (hare in the Govern- ment, [ , 2 ] vcrnm'eht, of which he was the head, he proposed the recal of Mr. Briftow and Mr. Fowke, not from any perfonal ob- jection to any part of their conduct. I have before obferved, I again repeat it, and I call upon Mr. Francis to contradict me, if I afTert an untruth, that the atten- tion of every man from Calcutta to Dehly was fixed upon this aft, as the criterion by which he was to judge whether Mr. Haftings meant to retain or to give up the Government. Whether it was the intention of General Clavering, Colonel Monlbn, and Mr. Francis, to proclaim to every power in Indoftan, the annihi- lation of Mr. Haftings's political influ- ence, when they appointed Mr. Briftow and Mr. Fowke, is of no moment to en- quire, but that fuch was the effect of it, is a point which 1 believe no man will difpute. Mr. Haflings thought their recall was neceffary, to fix his own in- fluence upon its proper footing, for the conduct of the public fervice. The Court of Directors, however, thought otherwife. Without deigning to reply to the reafons afHgned by Mr. Hailings for recalling Mr.^Briftow and Mr. Fowke, they peremptorily ordered them to be reflored. The order arrived in July, 1778, [ '3 ] 1778, about the time we heard of the French war. Mr. Briftow had quitted India before the order arrived. Mr. Fowke was on the fpot, but the execu- tion of the order refpedting him was fufpended. Sir John Clavering died feveral months before this period. Mr. Haftings oppofed carrying the or- der into execution upon a ground, which in my opinion is unanfwerable. That if it had been obeyed juft then, the Count- ry Powers would have looked upon Mr. Haftings 's immediate removal from the Government as certain, for at that period, Sir, it was afferted, as I can aflure you upon my honor, that the^jeinftatement of MefT. Briftow and Fowkk, were fteps preparatory to Mr. Haftings's difmiffion, and a letter of compliment and thanks from the Court of Directors to the late Sir John Clavering, was at that time tranf- lated into thePerfian language, and circu- lated fo high as in the camp of Nuzeph Cawn, near Dehly. Mr. Haftings, in adt- ing as he did, was not influenced byrefent* ment to Mr. Fowke, but merely wifhed to prevent an idea being circulated through India, that he washimfelf on the point of difmiffion from his office. Here, Sir, I will readilyjoin iffue with you, that when the ( H ) the Court of Directors heard of this fuf- penfion of a pofitive order, they ought not* again to .have repeated it. If the reafons urged by Mr. Raftings, for de- laying or declining to carry their orders into execution, did not appear fatisfac- tory, they mould have taken immediate iteps for his difmiffion: but while the Government of England thought proper* to continue Mr. Haftings at the head of the Government in India, they fhould have allowed him the exercife of the fame authority which his predeceflbrs had invariably pofleffed, an authority in- herent in every Government. I mould be extremely glad to know, Sir, if you difapprove this necefTary act of exertion in Mr. Haftings, in which he had no perfonal intereft; upon what principle you can juftify the Duke of Portland, who difpofeffed two very honorable and able men of the pofts of Secretaries to the Treafury, to make way for your brother, Mr. Richard Burke, and Mr. Sheridan. Colonel Monfon avowed in Bengal, like a man, that no wile Government would employ men, of whofe attachment they were not convinced. He looked upon General Clavering, Mr: Francis, and himfelf, as the Government at that mo- merit s ( -is ) ment; and he took away a trifling office in point of refponfibility, tho' not trirl- / ing in emolument, from the late Mr. * Playdel, and gave it to the brother-in- law of Mr. Francis. An additional and a weighty reafon determined Mr. Haftings not to reinftate MelL Briftow and Fowke, He con- ceived, and with juftice too I think, that every Native in India, from Cal- cutta to Dehly, would have deemed their reiteration as immediately preparatory to his own removal. In this light I again affirm, it had been reprefented by the party attached to Mr. Fancis. If Mr. Haftings did, at that difgraceful period, adopt meafures of harfhnefs or injuftice to the rights of individuals, let thofe be blamed for it, who -abfolutely forced the Govenor General of Bengal, into a per- fonal conteft with two junior fervants of the Company. You have attempted to imprefs the world with an opinion, that Mr. Haftings has avowed a principle of difobedience, and that his Agent, Major Scott, has fo far adopted Mr. Haftings's fentiments, as to hold a fimilar language in England. My fentiments, however, upon this fubjedl, are neither new nor extraordinary. I think the Governor General [ .6 ] General and Council are undoubtedly bound to obey the orders of the Court of Directors. I muft have been an ideot to have thought otherwife; but where they think obedience to their orders may be attended with dangerous confequences to the puplic, they certainly may dif- penfe with them, affigning however their reafons for fo doing, and if thofe reafons mould not be fatisfactory, dif- miffion from the fervice ought to be the confequence. I am aftonimed how fo plain a cafe can be mifunderftood ? Did not your Chairman, General Richard Smith, when a Member of the Council in Bengal, avow, on the 2^th of Septem- ber, 1769, that he knew the proportion which he then brought forward, was in direct oppofition to the pofitive orders of the Court of Directors, but that the iituation of public affairs fully juflified him, in propoling to open the Compa- ny's Treafury for Drafts upon England? Did he not upon another occafion fay, that he would rifk his life and his ho- nor, rather than carry into execution orders which he thought incompatible with the welfare of the State, that he knew, however, he was refponfible for every deviation of that kind. Without fuch [ >7 1 fuch a latitude, how in the name of God, can a great Kingdom, at the diltance of twelve thoufand miles, from the fuperior flate be governed. Orders highly proper may be ilTued here in January, but when they arrive inBengal in October, circum- jftances may be fo changed as to render them impolitic. In fhort, Sir, it is for the abufe, and not for the proper ufe, of power, that men in high ftations, at the diftance of half the globe, mould be pu- nifhed. What was the fubftance of Mr. Haftings's arguments for recalling MefT. \> Briftow and Fowke originally ? "I am " of opinion thofe Gentlemen were ap- " pointed to convince the Powers of " Indoftan of the annihilation of my au- " thority. Their recall alone can con- *' vince them that any fhare of power " in this Government has reverted to " me." When the orders were repeated our lituation was critical. War had been declared againft France, and a large detachment was marching to Bombay. > Mr. Railings then obferved, "There- " iteration of MeiT. Briftow and P'owke '* has attracted the attention of every " Prince in India. If they are reftored, " my difmiffion will be deemed certain. " The letter from the Court of Direc- C " tors " tors to the late Sir John Clavering, has " been circulated even to Dehiy, as well " as through our own Provinces. While *' I am permitted to retain the Govcrn- " ment, I muft fupport the dignity of '.' my ftation as far as I can, declaring " that no man can more earneftly wifli " for a final decifion than I do." It is v remarkable, Sir, that the Directors do not, in the firfl difapprobation of Mr. Haftings's conduct, nor in the repeti- tion of their orders refpecting Mefi". Briftow'and Fowke, take the fmalleft notice of the arguments offered by Mr. Haftings in his own- defence. But I mould be exceedingly glad to hear any man, who has ferved in India, difpute the force or the propriety of them. Mahomed Reza Cawn's appointment flood precifely on the fame ground : He had been made an object of party ; but I beg,- Sir, you will be p leafed to recol- lect, that this refpectable Mumilman has repeatedly declared, that, to the juftice, the impartiality, and the attention of Mr. Haftings, he was indebted for his for- tune, his honour, and his life, at a time when he was accufed by Nundcomar of the.mou flagrant crimes and enormities. " Mr. Mr. Briftow, as you know, has been lately appointed , to the Refidency of Oude, by Mr.Haftings. The neceffity no longer exifted of declining to carry the Company's orders into execution, and obedience to them in their fulleft extent has taken place. 1 am very forry there- fore that any circumftance refpecling that Gentleman is again brought for- ward. Mr. Briftow certainly did write a very intemperate letter to the Supreme Council of India, en the ift of May, 1780, claiming, as a right,' that office, which the Courjt of Directors had con- ferred upon m^% and iryling them ia three feveral parts ^of the letter, " our " Honorable Superiors," faying his claim was grounded on "'the higheil author!- " ties," &c. &c. You have remarked upon Major Scott's former evidence^ who declared, that in his opinion Lord Clive would have fent any man a prifoner to England, who had written fuch a letter to the Board in his time, and you now fay that your Committee iinds no- thing repreheniible in the letter, tho' it excited the warmell refcntment of Mr. Huttings. How your friend, General Richard Smith, could fubfcribe to fucli j4n opinion, does, I confeis, aftcnilh me ; no no lefs fo, his acquiefence in the new and dangerous doctrine, which in your eagernefs to criminate Mr. Halting?, v / you wifh to inculcate. " That Mr. Brii- *' tow was not the /ervant of the Su- " preme Council, as Mr. Haftings haz- " ards to call him, but their fellow fer- ^ f vant." When the honorable General was a member of the Government of Bengal, J believe no man faw in a ftronger light than he did, the necefli ty of fupporting the dignity of it, ill its fulleft extent, nor did any man require a greater degree of fubordination, obedience, and refpedt, from every inferior rank in the civil and military fervice. How would the Ge- neral have bounced at the Board, if a civil fervant had, in dictatorial terms, claimed an appointment as his right, becaufe " our honorable fuperiors had *' conferred it upon him," &c. &c. Would not the General have faid, " The dig- ' nity of this Government muft be pre- *' ferved. We are refponfible to the *' Court of Directors for ourcondudt: " To them we will explain our reafons *' for deviating from their orders ^ tut f ' we will not be dictated to, or called to 44 an account by our own fervants." lam I am confident this would have been the General's remark upon trie occafion. Did he not caufe three Armenians to be feized and imprifoned in Oude? Did he not inftigate the Council to fend Mr. Bolts a pr'ifoner to England; and for what ? Becaufe the ftories they circulated through Indoftan, tended to lefTen the necejjary weight and influence of the Gover- nor of Bengal* Did he not procure the ' difmiffion of a moft worthy, refpectable, and gallant officer, Major Graham, with- out a Court Martial, becaufe that gen- tleman had made .ufe of an expreflion which was deemed difrefpectful, in a ^ letter that he wrote to the General ? An expreffion mild indeed compared to feve- ral in the letter of Mr. Briftow. I have a very great refpect and regard for Mr, Briftow. The bufmefs is now moft happily adjufted but as my name is again introduced,' I truft Mr. Briftow will pardon me for faying, what every man who read that letter in India, faid, that it was not written in fuch a ftyle as the Supreme Council had ufually been addreffed in. In {hort, Sir, the violence of contend- ing parties, at the period thefe appoint- ments were agitated, had tended fo far to [ .4 ] , to weaken w *the neceflary power of the Government, that Mr. Haftings was left for two years in fuch a fituation as I truft will not be the lot of any future Governor General. I muft fuppofe, Sir, that there is as much Integrity, ability, and induf- try, in the Secret, as in the Select Com- mittee ; and yet how ftrangely different are your ideas as to the future regula- tion of the Government of India. You term a fenior merchant in Bengal, the Fellow-Servant of theGovernor-General. y , The Lord Advocate of Scotland, on the other hand, judging, doubtlefs, that many of our misfortunes have refulted from the fyftem which was fo induftri- oufly purfued for three years, of reducing the authority of Mr. Haftings, propofes to confer the moft defpotic power upon the Governor-General. If his ideas are *y carried too far, ftill I look upon his bill as being a complete confirmation of every thing Mr. Haftings has urged, as to the infufficiency of the power of the Gover- nor-General, as far as theLord Advocate's fentiments, and the fentiments of thofe with whom he has acted, can have weight with the public. I am forry to obferve, Sir, that you Jiave once more brought up the bulinefs of ( 23 ) of Nundcomar. It is impoflible to re- ply to infinuations. I have again and. again afferted, that whenever a charge is brought forward it (hall be fully anfwer- ed. All that I can now do is, to repeat what I have afTerted before, that Mr. Haflings had no concern, either directly or indirectly, in the apprehenfion, the proiecution, or the execution of Nund- comar. I confefs I do not clearly under- Hand your expreflion. " Nundcomar ap- " pears at the very time of this extraor- " dinary profecution a difcoverer of fome " particulars of illicit gain, then charged ** upon Mr. Haftings, the Governor-Ge- " neral." Nundcomar, Sir, made no dif- covery whatever, he accufed Mr. Haflings of having accumulated millions of rupees in about thirty months. The abfurdity of the charge was palpable ; it was fully enquired into, and proved to be falfe in every part ! Why would you not favor the world with a few further particulars respecting this moil notorious of all de- linquents, Nundcomar. You mufl know that it was generally faid in Calcutta, about the time of his execution, that he had made feveral very important difco- veries. On the 4th of Auguft, 1775, a fervant of Nundcomar brought a paper to toGeneralClavering. On the$th the Raja was hanged. On the 6th the General ordered the paper to be tranflated. On the 1 4th he brought it to the Board, and faid he thought it contained feveralparti- culars, which his Majefty's Minifters, and the Court of Directors, fhould be ac- quainted with. Some converfation enfued, and Mr. Raftings infifted upon the paper being produced to the Board. It was then read and entered in the Records. On the 1 6th Mr. Francis moved, that the paper ihould be burned by the hands of the com- mon hangman, as a libel, and the copy of it expunged from the Records. Here the bufinefs ended ; and I (hould hope, Sir, that you will not in future inlinuate any thing to the difadvantage of the Gover- nor-General, upon the evidence of fuch a man as Nundcomar was. I again repeat, that a Committee was expreflly appointed to examine into the charges brought a- gainft Mr. Haftings by the Raja, they had every means given them of invefti- gating every particular moft fully, and the enquiry ended, as your " diredt " charge of corruption," has ended, No- thing was found that reflected either upon the honor or the integrity of the Gover- nor-General. The [ 25 1 The next point which you have in- troduced into your Report, with a view to prejudice the houfe againft Mr. Raftings, is an account of th'e refigna- tion; and here, Sir, I confefs my un- willingnefs to follow you. Two of the parties concerned in that myfterious bu- finefs are no more: but your noble friend Lord North, and the gentlemen who filled the two Chairs of the Direc- tion, at the time this tranfaction hap- pened are upon the fpor, and are able to clear up every dubious circumftance in it. I will relate the affair as circum- ftantially as I can : Soon after the Su- preme Council arrived, and had com- menced their oppofition to every politi- cal meafure of Mr. Haftings's Govern- ment; Mr. Macleane went to England, impowered by the Governor-General to ad as his Agent. His inftruclions werk undoubtedly to endeavour to procure for Mr. HafUngs, that fupport which he thought due to his ftation ; but if that fupport could not be procured, Mr. Haftings declared, very explicitly, that he did not wifh to remain in the Go- vernment. His letters to his Majefty's Minifler, and to the Court of Directors at that period, breathed the fame fenti- D ' ments exactly. The Converfation a)luded to, was of a iimilar nature : In the courfe of a few months, however, the attacks upon Mr. Mailings became very perfonalj it was roundly afferted that there was no fpecies of peculation of which he had not been guilty, and proofs were promifed to be lent to England by the latter mips of 1775. Thus, circum- ilanced, Mr. HafHngs wrote to the Court of Directors, in the moft explicit and pqiitive terms, that painful as- his fitua- tion was, and would be, he wa.s deter- mined to retain it until forcibly removed from it. Now, Sir, as the inductions under which Mr. Macleane rcfigncd the Go- vernment for Mr. HafHngs, were dated in December, 1774, fu.rely the Court of Directors ought to have regarded his po- fitive declarations to them, in letters of fubfequent dates by three and fix months, as of more force than loofe paragraphs picked out of letters to Mr. Macleane, tho' in the hand writing of Mr. Haft- ings, which contained fimply this, " if " I am not fupported, I vvilh to give up, *' becaufe any Government is better than " a divided one." However, Sir, the Committee of Directors who examined - Mr. C *7 j Mr. Macleane's powers, were as you fay of opinion, that they were full and fuf- ficient, a moil extraordinary declara- tion from gentlemen, who had read let- ters of a later date from Mr. Raftings, notifying his determined refolution to remain in the Government. The feveral ileps were taken to fill up the vacancy, but fo great was the, doubt of the legality of the adt, that the parties concerned did never afk the opinion of Council upon it, though required fo to do, in a General Court, by Governor Johnftone. The news of this remarkable event ar- rived in India, to the general aftonifh- ment of all parties. Mr. Haftings dif- avowed having given any authority to Mr. Macleane to refign for him, but declared at the fame time, that he would give up the Government, becaufe he thought that gentleman had afted for his intereft, to the beft of his judgment. Now, Sir, came on the great difficulty in fettling this bulinefs. It had never been inti- mated to Mr. Haftings that he was in- ilantly to refign. Such an idea would have been too abfurd for Mr. Macleane to come into, of courfe he meant to continue until the feafon for quitting Bengal. Sir John Clavering en the other hand had been been informed by private letters, that he had fucceeded to the Government. It was natural, for him to fuppofe, that if Mr. Haftings could keep the chair a day, he could keep it as loag as he pleafed, fo that this very circumftance rendered the refignation of no effect. It made it, in fact, an agreement which required Mr. Haftings's confent before it could be complete, and fuch undoubtedly it was. I pafs over the fubfequent events in Ben- gal. Both parties made their reprefen- tations to England. Mr. Haftings called loudly upon the Chairman of the Court of Directors, to publilh to the world, what the powers were which had been produced by Mr. Macleane. He wrote in as ftrong a ftyle of complaint to his Majefty's Minifter. Thefe letters were difpatched previous to the death of Sir John Clavering. See, Sir, in what a dilemma you are involved. If you mean toinfinuate that Mr. Macleane was reajly pofTefTed of full powers to refign for Mr. Haftings, that he made ufe of thofe pow- ers when he faw Mr. Haftings on the point of being difmifled from the fervice, that his Majefty's Minifters, and the Court of Directors were, and ftill are, fully Satisfied of the fufficiency of thofe powers powers ; what excufe can you make for the conduct of your new friend, Lord North ? That noble Lord, fmce the period of this pretended refignation, has twice prefumed to come forward to Par- liament, to propofe a man to fill the high and important office of Governor- General of Bengal, who has dared, by your account, to praftife fuch a deceit upon the nation, as no punimment could be too fevere for. I did hope, Sir, that this tranfation would not have been re- vived at fo great a diftance of -time: iince you however have revived it, Why witt you not call upon fuch of the parties now in England, as have feen the powers which Mr. Macleane produced ? Lord North was the Minifter when the refig- nation took place. He was the Minifter when Mr. Haftings denied the authority under which it had been made. He was the Minifter when Mr. Haftings called for the powers to be produced to the world, under which his agent had acted , and in the two following years, hisLord- fhip propofed that -Mr. Haftings fhould be appointed Governor-General of Ben- gal. Can we, Sir, have a ftronger con- firmation of Lord North's fentiments of Mr.Haftings's conduct than he has given ? Would Would he have propofed a man to fill the firft office in India, who was fo far wanting in honor as to deny or to explain away, powers he had once given. There was a time when the argument I now ufe would have had lefs weight with you. There was a time, if I rniftake not, when you would yourfelf have impeached the noble Lord $ but, at prefent, I prefume his Lordfhip's fentiments of a tranfa&ion which J am forry to dwell fo long upon, will have fome weight with you. In mort, Sir, you ought not to have mentioned a fyllable about the refigna- tion ; or if you had entered upon the fubject, common juftice required that you mould have examined as many of the parties who were concerned in that transaction as are now in England. Some of them are no more, and " Let no renew'd hoflilities invade, *' The peaceful grave's inviolable made. 5 If Mr. Macleane was the Agent of the Nabob of Arcot, Mr. William Burke is the Agent of the Raja of Tanjore. If the refignation of the Government of Bengal, with the concurrence of his Majefty's Miniflers, and the Court of Direc- [ 3' ] V Dire<5tors, was a valid, legal a6r, and binding upon the Governor-General ; what excufe can Lord North make to his country for daring to propofe a man, two feveral times in Parliament for the important office of Governor-General of Bengal, who had forcibly retained a fta- tion to which that noble Lord knew he had no pretenfions. If cm the contrary, XV it was a compromife entered into by the friend of Mr. Haftings, without autho- rity, but acting to the beft of his judg- ment ; the violent convuliion which hap- pened in Calcutta certainly freed Mr. Mailings from any obligation to execute his part of it. In this light your noble friend muft have looked upon it, or his fubfequent conduct has been unpar- donable. Now, Sir, I muft inform you, that the very curious reafons which you have affigned for Mr. Macleane's conduct are totally without foundation. Every idea of removing Mr. Haftings at the India- Houfe was at an end. He had gained a complete victory there, againft the whole force of a Government, whofe interefl was at that period extremely powerful % but the idea was, that his Majefty's Mi- nifters were determined to carry in Par- liament liament what they could not effect in the city. I am convinced, Sir, if the com- promife had not taken place, and the af- fairs of India had been agitated in the Houfe of Commons,in the winter of 1776 Mr. Haftings would have had your warmeft fupport, for at that period he was in the opinion of your party, an able, honelt, great, and injured man, nor were his demerits difcovered by you, until Lord North fhewed an inclination to fupport him. In the firft Report of your Select Committee, you have pub- limed a copy of Mr. Haftings's public letter to the Chairman of the Court of Directors, which he wrote when he did me the honor to nominate me his Agent- That letter contains the following para- graph, " It is material to me to make " one obfervation, that in my inftruc- " tions to Major , Scott, I have particu- " larly provided, that I will iuffer no " perfon whatever to perform any aft in " my name, that (hall be conftrued to " imply a refignation of my authority ; (( protefting againft the exercife of fo " dangerous a power, from its having- " been aflumed upon a former occafion, " without being warranted by my con- *' fent, or by any previous initrucliions, " that t 33 ] ** that could bear the moft diftant ten- *' dency to fuch a meafure." Would Mr. Haftings dare to provoke an enquiry in the manner he has done, if he had ever empowered any man to make a furrender of his Government for him, or would the Court of Directors have fubmitted to fuch a notification, provided they had believed that the tranfaction of 1776, was a legal, valid refignation, and complete in all its parts. I have now, Sir, gone through the infinuations contained againft Mr. Haft- ings, in your Ninth Report. There is certainly no direct (or implied) charge of corruption -, and though you are pledged to God, to the Houfe of Commons, and your country, to prove the Governor- General a moft notorious delinquent ; you have as yet produced not a (ingle in- ftance of his corruption in office. It is true you have laboured hard to prove that an Ophium contract has been given to Mr. Stephen Sulivan upon terms not fo advantageous as probably it might have been concluded upon. It happens unfortunately too that this gentleman is the fon of a Director. As the appendix to your report is not yet published, I have not read Mr. Haft- E ings's ( 34 ) ings's reafons for difpofing of the Ophi- u'm Contract without putting it up to public auction : I dare fay they are of fome force; but what does the charge amount to, 'that the gentleman, who has been eight times Chairman of the Eaft- India Company, has ferved that Company abroad and at home above fifty years, is goffefled of fo fmall a fortune, that he procured for his only fon, an ap- pointment in the Civil Service at Ma- dras; that Mr. Stephen Sulivan went at the end of three years to Bengal, that Mr. Haftings, who had been for many years in habits of intimacy and friendship with the father, appointed him his Pri- vate Secretary and Judge Advocate Ge- neral, and that he afterwards gave him a contract, which has been a profitable contract to every man who has held it. I believe, Sir, no man who has filled fo great an office for fo many years as Mr. Mailings has done, can be clearer from the charge of wailing the public money for private purpofes, than he is: To mere intinuations J mall oppofe pofitive facts. Look around you, and tell me how many of the gentlemen, who have arrived in England in the courfe of the twelve years that Mr. HafHngs has been Governor [ 35 I Governor of Bengal, were of his family or particularly patronised by him. With truth and juftice I can fay, that as Mr.* Haftings's fortune is moderate in the extreme, for his ftation, ib have the views and expectations of thofe attached to him been moderate. I defire you \/ will point out a fingle perfon, either of his family, or intimately connected with, or dependent upon him who has returned from Bengal with a large fortune or a dubious character. " The /s *' few who are called his friends can- *' not rife above an humble mediocrity, " and the greatest part are now foliciting " to return to India for bread." If the Governor- General has wafted the public Treafure for private purpofes, furely it will not be difficult to fix upon fome of thofe individuals, who have -benefited , by an unauthorized ex- ertion of the power of patronage. Pro- v duce a fingle inftance of a gentleman, now in England, who accumulated a fortune in the courfe of the twelve years Mr. Haftings has been at the hetfd of /\ the Government of Bengal, by enjoying improper advantages at the Company's expence, or in your own words, " by a wafte of public treafure for private pur- pofes, [ 36 ] pofes," and you will go further to eflab- lim one fpecies of delinquency againft Mr. Mailings, than by fifty infinuations, unfupported by facts. That advantagi- ous 'contracts have been given away in Bengal, as well as in other countries, cannot be doubted, but to every declar- ation, that rapid fortunes are continually made in Bengal, I mall oppofe a pofitive fact. The Company's civil fervants are fome of them of above twenty-fix years ftanding in the country, many above twenty, and a great number indeed of more than fifteen years length of fer- vice. The Company's military fervants are of equal, if not of longer flanding, and I refer you, Sir, to the evidence of your reports to prove, that almofl all the gentlemen who have been examined by you, have ferved the Company abroad from fifteen to twenty years. It was at the time of the acquisition of the Du- annee, before Mr. Haltings's return to Bengal, that thofe rapid and enormous fortunes were acquired in a Ihort period, and as you well know, your honorable friend General Richard Smith, was but four years and feven months in Bengal. It would be , impertinent in me to pre- fume to gue/s- at the amount of his ac^ quifitions j t 37 ] quifitions; but certainly we have had no inftances, during Mr. Haftings's ad- miniftration, of rapid and enormous for- tunes being acquire^, though by the ex- tenlion of our influence to Oude, the means of providing for individuals has been confiderably increafed. You have fearched the Company's Re- cords with induftry, you have had the additional advantage of converfing with every man who has returned from India; and what have. you difcovered ? that an improvident contract, as you ftate it, has been granted to Mr. Stephen Sulivan This is " The waite of public Treafure ." for private Purpofes." Have you, Sir, been as moderate in exercifing the power of patronage as Mr. Haftings has proved himfelf to be, in a difficult and trying fituation ? How many of the name of Burke, are now fed at the public ex- pence your relation, who firft acquired, and afterwards loft a fortune, in the Alley, made two journeys over land to India, and appeared here as the avowed agent of the Raja of Tanjore, was, foon after the change of the Miniftry, in March 1782, nominated to the new and ufelefs office of Receiver of the Ballan- ces due from the Eaft India Company to the [ 38 ] the Crown, on account of the Regiments ferving in India; or, in other words, Paymafter of his Majefty's Forces in In- dia : but I decline the invidious tafk of Hating to what an extent you have exer- cifed the power of providing for your relations at the public expence, during the mort time your party has been in office. It is fufficient for me to af- fert, that Mr. Mailings, and his friends, are as free from the vice of rapacity, as from the folly of extravagance. You have laid, Sir, that Mr. Haftings, when he firft heard of the Refignation, had recourfe to one of thofe unlook'd for and hardy meafures which characte- rize the whole of his administration. Was this meant as a compliment or a reflection ? it was, I grant you, a hardy meafure to march a detachment acrols India but it fucceeded It was a -har- dy meafure to invade the country of Madjee Sindia but it produced an im- mediate peace with the only active Mem- ber of the Maratta ftate, and a general peace with the Marattas has been the confequence It was a hardy meafure, and big with perfonal refponfibility, to draw off the Maratta army at Cuttack by advancing Chimnajee Booila a Sum of [ 39 ] of money, without the confent of Mr. Francis, but the Eaft India Company has felt the good effects of it. It was a hardy meaiure to propofe embarking fix hundred and forty Europeans, with a large fupply of treafure, to relieve Madras, at the moment that the naviga- tion was interdicted, on account of the dangers that attended it. But the ne- ceffity for exertion was preffing, and the Meafure fucceeded. The Refponlibility of this meritorious exertion was thrown, upon Mr. Hailings, and Sir Eyre Coote. Thefe hardy meafures have fecured to the Governor-General, the applaufe of his countrymen, and have faved our em- pire in India from destruction. I muft confefs, Sir, it does appear fomething extraordinary, that Mr. Haf- tings mould be cenfured by Mr. Burke, for betraying iigns of an impatient, in- dependent, and overbearing temper, and for prefuming to avow a principle of difobedience to fuperior authority. Does fuch an accufation come with a good grace from a gentleman, who in one in- itance has acted in direct opposition to the fenfe of the late and prefent Law- officers of the Crown ; and in another, has fet his judgment up in apportion to the [ 40 ] the folemn determination of the great Council of the Nation ? and ,who, hav- ing fatisfied his own mind of the pro- priety of an alteration in a depending Bill, deemed it ufelefs and unnecefiary to communicate his difcoveries to the Houfe of Qommons ? If thefe are in- fiances of amiable weaknefs, and are not to be cenfured on that account, why, Sir, will you not make fome allowance for the difficulties of Mr. Hailings's former iituation. . Were I to adopt your mode of reafoning, were I to attribute every adlion of your life to the wor{l poffible motive, how eafy would it be, to fay, that when you took upon yourfelf to reflore two men to offices, from which they had been re- moved, 1 on fufpicion of delinquency, you meant to obflruct the courfe of public juflice, or that when you examined evidence without doors to prove the propriety of altering a bill which had been debated claufe, by claufe in a Committee^ the Houfe of Com- mons; and when you made fuch altera- tions upon evidence you thought of. no moment to communicate, you mewed a flronger inftance of mindependent fpirit, than Mr. Mailings has ev-er difplayed. t 4 ] I truft I am warranted in fuppoiing that every part of the Ninth Report was written by yourfelf. Of this fad: there will, I believe, be no doubt; but the refpeftable Committee, of which you are a member, having adopted the reafoning contained in it, perhaps fome apology may be neceiTary to the gentlemen who attended when the Report was read, as well as to Mr. Burke. I affure, you, Sir, I mean to take no improper liberty with them, or with you ; and if in de- fending Mr. Haftings from the infinua- tions which are contained againft him in the Ninth Report, I have been hurried into any difrefpedlful expreffions, I very lincerely acknowledge my error, and crave pardon of you, and the Committee. I well know the deference and refpecl: which is due from an humble individual, like myfelf, to a gentleman who poffelTes fo eminent a rank in the literary world, who fills fo high an office in the ! ftate, and is admitted to the Councils of our inoft gracious Sovereign ; if in any ex- preffion m this letter, I fliall appear to have loft fight of that deference and re- fpeft, I truft you will attribute it to my firm conviction of the injuftice which F. 1m [ 42 ] . has been done to Mr. HalHngs's cha- racter, in the Ninth Report of the Seled Committee. I have the Honor to be, SIR, Your mofl obedient, . humble Servant, J. S. P. S. In the concluding paragraphs of your report you obferve that many material papers, lately arrived from In- dia, have been laid before your Com- mittee, I prefume you mean the dif- patches received by the Lively: You appear, however, to have fe- lected the refolution of the Council General relative to the Inveftment, as the only document neceffary to be brought forward at prefent, and -were- this ( 43 ) this paper is configned to an appendix, not yet publifhed, Your reportis brought forward at fo late a period of the Seffions profefTedly, in order to enable the Houfe to adopt the moft proper means for regu- lating the Britijh Government in India: If this was your intention in bringing the report forward on the I3th of June, furely, Sir, it would have been candid to have faid fomething further relative to the Lively's difpatches. The idea with- out doors is, that they contain undoubt- ed proofs of the fpirited and fuccefsful exertions of the Governor General and Council, and give the Company a well founded hope, of their being able to fur- mount the aftonifhing difficulties and embarafTments in which everyPrelidency has been involved. Not a hint of this kind however is to be found in your re- port, and the only paper alluded to is that, in which the SupremeCouncil have recommended to the Court of Directors,' to allow the Members of the Board of Trade, refident in Calcutta, 5 per Cent, upon' the amounts of the Jnveftment. Any perfon reading your report would conclude, I am fure, that the grant of the ( 44 ) the 5 per Cent, was abfolute by the Su- preme Council, inftead of being merely a recommendation, and inflead of this " memorable tranfadlion," binding the Board of Trade to take no unlawful " emolument" and confequently im- plying that fuch had hitherto been taken, the meaning muft be as the words exprefs, "that they were to take " no further emolument," by which was understood, I prefume, a reftridtion from trade, in fuch articles as might affect the Company's Inveftment for the en- fuing feafon. 27 35 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. UNIVERSITY OF CALIFORNIA AT LOS ANGELES LIBBARY A 000 0177204