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] It has been stated in a former Report of your Committee,[15] 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] 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] 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."