The Court of Directors order the President and Council to appoint a minister to transact the political affairs of the government, and to select for that purpose some person well qualified for the affairs of government, and to be the minister of government. Mr. Hastings selects for the minister so described and so qualified a woman locked up in a seraglio. He is ordered to appoint a guardian to the Nabob's minority. Mr. Hastings passes by his natural parent, and appoints another woman. These acts would of themselves have been liable to suspicion. But a great deficiency or embezzlement soon appears in this woman's account. To exculpate herself, she voluntarily declares that she gave a considerable sum to Mr. Hastings, who never once denies the receipt. The account given by the principal living witness of the transaction in his evidence is perfectly coherent, and consistent with the recorded part. The original accounts, alleged to be delivered by the lady in question, were produced by him, properly sealed and authenticated. Nothing is opposed to all this but a paper without signature, and therefore of no authority, attended with a translation of a very extraordinary appearance; and this paper, in apologizing for it, confirms the facts beyond a doubt.
Finally, your Committee examined the principal living witness of the transaction, and find his evidence consistent with the record. Your Committee received the original accounts, alleged to be delivered by the lady in question, properly sealed and authenticated, and find opposed to them nothing but a paper without signature, and therefore of no authority, attended with a translation of a very extraordinary appearance.
In Europe the Directors ordered opinions to be taken on a prosecution: they received one doubtful, and three positively for it.
They write, in their letter of 5th February, 1777, paragraphs 32 and 33:—
"Although it is rather our wish to prevent evils in future than to enter into a severe retrospection of the past, and, where facts are doubtful, or attended with alleviating circumstances, to proceed with lenity, rather than to prosecute with rigor,—yet some of the cases are so flagrantly corrupt, and others attended with circumstances so oppressive to the inhabitants, that it would be unjust to suffer the delinquents to go unpunished. The principal facts[56] have been communicated to our solicitor, whose report, confirmed by our standing counsel, we send you by the present conveyance,—authorizing you, at the same time, to take such steps as shall appear proper to be pursued.
"If we find it necessary, we shall return you the original covenants of such of our servants as remain in India, and have been anyways concerned in the undue receipt of money, in order to enable you to recover the same for the use of the Company by a suit or suits at law, to be instituted in the Supreme Court of Judicature in Bengal."
Your Committee do not find that the covenants have been sent, or that any prosecution has been begun.
A vast scene of further peculation and corruption, as well in this business as in several other instances, appears in the evidence of the Rajah Nundcomar. That evidence, and all the proceedings relating to it, are entered in the Appendix. It was the last evidence of the kind. The informant was hanged. An attempt was made by Mr. Hastings to indict him for a conspiracy; this failing of effect, another prosecutor appeared for an offence not connected with these charges. Nundcomar, the object of that charge, was executed, at the very crisis of the inquiry, for an offence of another nature, not capital by the laws of the country. As long as it appeared safe, several charges were made (which are inserted at large in the Appendix); and Mr. Hastings and Mr. Barwell seemed apprehensive of many more. General Clavering, Colonel Monson, and Mr. Francis declared, in a minute entered on the Consultations of the 5th May, 1775, that, "in the late proceedings of the Revenue Board, it will appear that there is no species of peculation from which the Honorable Governor-General has thought proper to abstain." A charge of offences of so heinous a nature, so very extensive, so very deliberate, made on record by persons of great weight, appointed by act of Parliament his associates in the highest trust,—a charge made at his own board, to his own face, and transmitted to their common superiors, to whom they were jointly and severally accountable, this was not a thing to be passed over by Mr. Hastings; still less ought it to have perished in other hands. It ought to have been brought to an immediate and strict discussion. General Clavering, Colonel Monson, and Mr. Francis ought to have been punished for a groundless accusation, if such it had been. If the accusation were founded, Mr. Hastings was very unfit for the high office of Governor-General, or for any office.
After this comprehensive account by his colleagues of the Governor-General's conduct, these gentlemen proceeded to the particulars, and they produced the case of a corrupt bargain of Mr. Hastings concerning the disposition of office. This transaction is here stated by your Committee in a very concise manner, being on this occasion merely intended to point out to the House the absolute necessity which, in their opinion, exists for another sort of inquiry into the corruptions of men in power in India than hitherto has been pursued. The proceedings may be found at large in the Appendix.
A complaint was made that Mr. Hastings had sold the office of Phousdar of Hoogly to a person called Khân Jehan Khân on a corrupt agreement,—which was, that from his emoluments of seventy-two thousand rupees a year he was to pay to the Governor-General thirty-six thousand rupees annually, and to his banian, Cantoo Baboo, four thousand more. The complainant offers to pay to the Company the forty thousand rupees which were corruptly paid to these gentlemen, and to content himself with the allowance of thirty-two thousand. Mr. Hastings was, if on any occasion of his life, strongly called upon to bring this matter to the most distinct issue; and Mr. Barwell, who supported his administration, and as such ought to have been tender for his honor, was bound to help him to get to the bottom of it, if his enemies should be ungenerous enough to countenance such an accusation, without permitting it to be detected and exposed. But the course they held was directly contrary. They began by an objection to receive the complaint, in which they obstinately persevered as far as their power went. Mr. Barwell was of opinion that the Company's instructions to inquire into peculation were intended for the public interests,—that it could not forward the public interests to enter into these inquiries,—and that "he never would be a channel of aspersing any character, while it cannot conduce to the good of government." Here was a new mode of reasoning found out by Mr. Barwell, which might subject all inquiry into peculation to the discretion of the very persons charged with it. By that reasoning all orders of his superiors were at his mercy; and he actually undertook to set aside those commands which by an express act of Parliament he was bound to obey, on his opinion of what would or would not conduce to the good of government. On his principles, he either totally annihilates the authority of the act of Parliament, or he entertains so extravagant a supposition as that the Court of Directors possessed a more absolute authority, when their orders were not intended for the public good, than when they were.