With regard to the application of this last sum of money, which is said to be carried to the Durbar charges of April, 1782, your Committee are not enabled to make any observations on it, as the account of that period has not yet arrived.
Your Committee have, in another Report, remarked fully upon most of the circumstances of this extraordinary transaction. Here they only bring so much of these circumstances again into view as may serve to throw light upon the true nature of the sums of money taken by British subjects in power, under the name of presents, and to show how far they are entitled to that description in any sense which can fairly imply in the pretended donors either willingness or ability to give. The condition of the bountiful parties who are not yet discovered may be conjectured from the state of those who have been made known: as far as that state anywhere appears, their generosity is found in proportion, not to the opulence they possess or to the favors they receive, but to the indigence they feel and the insults they are exposed to. The House will particularly attend to the situation of the principal giver, the Subah of Oude.
"When the knife," says he, "had penetrated to the bone, and I was surrounded with such heavy distresses that I could no longer live in expectations, I wrote you an account of my difficulties.
"The answer which I have received to it is such that it has given me inexpressible grief and affliction. I never had the least idea or expectation from you and the Council that you would ever have given your orders in so afflicting a manner, in which you never before wrote, and which I could not have imagined. As I am resolved to obey your orders, and directions of the Council, without any delay, as long as I live, I have, agreeably to those orders, delivered up all my private papers to him [the Resident], that, when he shall have examined my receipts and expenses, he may take whatever remains. As I know it to be my duty to satisfy you, the Company, and Council, I have not failed to obey in any instance, but requested of him that it might be done so as not to distress me in my necessary expenses: there being no other funds but those for the expenses of my mutseddies, household expenses, and servants, &c. He demanded these in such a manner, that, being remediless, I was obliged to comply with what he required. He has accordingly stopped the pensions of my old servants for thirty years, whether sepoys, mutseddies, or household servants, and the expenses of my family and kitchen, together with the jaghires of my grandmother, mother, and aunts, and of my brothers and dependants, which were for their support. I had raised thirteen hundred horse and three battalions of sepoys to attend upon me; but as I have no resources to support them, I have been obliged to remove the people stationed in the mahals [districts] and to send his people [the Resident's people] into the mahals, so that I have not now one single servant about me. Should I mention to what further difficulties I have been reduced, it would lay me open to contempt."
In other parts of this long remonstrance, as well as in other remonstrances no less serious, he says, "that it is difficult for him to save himself alive; that in all his affairs Mr. Hastings had given full powers to the gentlemen here," (meaning the English Resident and Assistants,) "who have done whatever they chose, and still continue to do it. I never expected that you would have brought me into such apprehension, and into so weak a state, without writing to me on any one of those subjects; since I have not the smallest connection with anybody except yourself. I am in such distress, both day and night, that I see not the smallest prospect of deliverance from it, since you are so displeased with me as not to honor me with a single letter."
In another remonstrance he thus expresses himself. "The affairs of this world are unstable, and soon pass away: it would therefore be incumbent on the English gentlemen to show some friendship for me in my necessities,—I, who have always exerted my very life in the service of the English, assigned over to them all the resources left in my country, stopped my very household expenses, together with the jaghires of my servants and dependants, to the amount of 98,98,375 rupees. Besides this, as to the jaghires of my grandmother, mother, and uncle, which were granted to them for their support, agreeable to engagements, you are the masters,—if the Council have sent orders for the stopping their jaghires also, stop them. I have no resources left in my country, and have no friends by me, being even distressed in my daily subsistence. I have some elephants, horses, and the houses which I inhabit: if they can be of any service to my friends, they are ready. Whenever you can discover any resources, seize upon them: I shall not interfere to prevent you. In my present distress for my daily expenses, I was in hopes that they would have excused some part of my debt. Of what use is it for me to relate my situation, which is known to the whole world? This much is sufficient."
The truth of all these representations is nowhere contested by Mr. Hastings. It is, indeed, admitted in something stronger than words; for, upon account of the Nabob's condition, and the no less distressed condition of his dominions, he thought it fit to withdraw from him and them a large body of the Company's troops, together with all the English of a civil description, who were found no less burdensome than the military. This was done on the declared inability of the country any longer to support them,—a country not much inferior to England in extent and fertility, and, till lately at least, its equal in population and culture.
It was to a prince, in a state so far remote from freedom, authority, and opulence, so penetrated with the treatment he had received, and the behavior he had met with from Mr. Hastings, that Mr. Hastings has chosen to attribute a disposition so very generous and munificent as, of his own free grace and mere motion, to make him a present, at one donation, of upwards of one hundred thousand pounds sterling. This vast private donation was given at the moment of vast instant demands severely exacted on account of the Company, and accumulated on immense debts to the same body,—and all taken from a ruined prince and almost desolated territory.
Mr. Hastings has had the firmness, with all possible ease and apparent unconcern, to request permission from the Directors to legalize this forbidden present for his own use. This he has had the courage to do at a time when he had abundant reason to look for what he has since received,—their censure for many material parts of his conduct towards the people from whose wasted substance this pretended free gift was drawn. He does not pretend that he has reason to expect the smallest degree of partiality, in this or any other point, from the Court of Directors. For, besides his complaint, first stated, of having never possessed their confidence, in a late letter[41] (in which, notwithstanding the censures of Parliament, he magnifies his own conduct) he says, that, in all the long period of his service, "he has almost unremittedly wanted the support which all his predecessors had enjoyed from their constituents. From mine," says he, "I have received nothing but reproach, hard epithets, and indignities, instead of rewards and encouragement." It must therefore have been from some other source of protection than that which the law had placed over him that he looked for countenance and reward in violating an act of Parliament which forbid him from taking gifts or presents on any account whatsoever,—much less a gift of this magnitude, which, from the distress of the giver, must be supposed the effect of the most cruel extortion.
The Directors did wrong in their orders to appropriate money, which they must know could not have been acquired by the consent of the pretended donor, to their own use.[42] They acted more properly in refusing to confirm this grant to Mr. Hastings, and in choosing rather to refer him to the law which he had violated than to his own sense of what he thought he was entitled to take from the natives: putting him in mind that the Regulating Act had expressly declared "that no Governor-General, or any of the Council, shall, directly or indirectly, accept, receive, or take, of or from any person or persons, or on any account whatsoever, any present, gift, donation, gratuity, or reward, pecuniary or otherwise, or any promise or engagement for any of the aforesaid." Here is no reserve for the case of a disclosure to the Directors, and for the legalizing the breach of an act of Parliament by their subsequent consent. The illegality attached to the action at its very commencement, and it could never be afterwards legalized: the Directors had no such power reserved to them. Words cannot be devised of a stronger import or studied with more care. To these words of the act are opposed the declaration and conduct of Mr. Hastings, who, in his letter of January, 1782, thinks fit to declare, that "an offer of a very considerable sum of money was made to him, both on the part of the Nabob and his ministers, as a present, which he accepted without hesitation." The plea of his pretended necessity is of no avail. The present was not in ready money, nor, as your Committee conceive, applicable to his immediate necessities. Even his credit was not bettered by bills at long periods; he does not pretend that he raised any money upon them; nor is it conceivable that a banker at Benares would be more willing to honor the drafts of so miserable, undone, and dependent a person as the Nabob of Oude than those of the Governor-General of Bengal, which might be paid either on the receipt of the Benares revenue, or at the seat of his power, and of the Company's exchequer. Besides, it is not explicable, upon any grounds that can be avowed, why the Nabob, who could afford to give these bills as a present to Mr. Hastings, could not have equally given them in discharge of the debt which he owed to the Company. It is, indeed, very much to be feared that the people of India find it sometimes turn more to their account to give presents to the English in authority than to pay their debts to the public; and this is a matter of a very serious consideration.