The reasons on both sides appear in the Appendix. Mr. Hastings accuses them bitterly of injustice to himself in considering the refusal of this person to swear as a charge proved. How far they did so, and under what qualifications, will appear by reference to the papers in the Appendix. But Mr. Hastings "thanks God that they are not his judges." His great hold, and not without reason, is the Supreme Court; and he "blesses the wisdom of Parliament, that constituted a court of judicature at so seasonable a time, to check the despotism of the new Council." It was thought in England that the court had other objects than the protection of the Governor-General against the examinations of those sent out with instructions to inquire into the peculations of men in power.
Though Mr. Hastings did at that time, and avowedly did, everything to prevent any inquiry that was instituted merely for the information of the Court of Directors, yet he did not feel himself thoroughly satisfied with his own proceedings. It was evident that to them his and Mr. Barwell's reasonings would not appear very respectful or satisfactory; he therefore promises to give them full satisfaction at some future time. In his letter of the 14th of September, 1775, he reiterates a former declaration, and assures them of his resolution to this purpose in the strongest terms. "I now again recur to the declaration which I have before made, that it is my fixed determination to carry literally into execution, and most fully and liberally explain every circumstance of my conduct on the points upon which I have been injuriously arraigned,—and to afford you the clearest conviction of my own integrity, and of the propriety of my motives for my declining a present defence of it."
These motives, as far as they can be discovered, were the violence of his adversaries, the interested character and views of the accuser, and the danger of a prosecution in the Supreme Court, which made it prudent to reserve his defence. These arguments are applicable to any charge. Notwithstanding these reasons, it is plain by the above letter that he thought himself bound at some time or other to give satisfaction to his masters: till he should do this, in his own opinion, he remained in an unpleasant situation. But he bore his misfortune, it seems, patiently, with a confidence in their justice for his future relief. He says, "Whatever evil may fill the long interval which may precede it." That interval he has taken care to make long enough; for near eight years are now elapsed, and he has not yet taken the smallest step towards giving to the Court of Directors any explanation whatever, much less that full and liberal explanation which he had so repeatedly and solemnly promised.
It is to be observed, that, though Mr. Hastings talks in these letters much of his integrity, and of the purity of his motives, and of full explanations, he nowhere denies the fact of this corrupt traffic of office. Though he had adjourned his defence, with so much pain to himself, to so very long a day, he was not so inattentive to the ease of Khân Jehan Khân as he has shown himself to his own. He had been accused of corruptly reserving to himself a part of the emoluments of this man's office; it was a delicate business to handle, whilst his defence stood adjourned; yet, in a very short time after a majority came into his hands, he turned out the person appointed by General Clavering, &c., and replaced the very man with whom he stood accused of the corrupt bargain; what was worse, he had been charged with originally turning out another, to make room for this man. The whole is put in strong terms by the then majority of the Council, where, after charging him with every species of peculation, they add, "We believe the proofs of his appropriating four parts in seven of the salary with which the Company is charged for the Phousdar of Hoogly are such as, whether sufficient or not to convict him in a court of justice, will not leave the shadow of a doubt concerning his guilt in the mind of any unprejudiced person. The salary is seventy-two thousand rupees a year; the Governor takes thirty-six thousand, and allows Cantoo Baboo four thousand more for the trouble he submits to in conducting the negotiation with the Phousdar. This also is the common subject of conversation and derision through the whole settlement. It is our firm opinion and belief, that the late Phousdar of Hoogly, a relation of Mahomed Reza Khân, was turned out of this office merely because his terms were not so favorable as those which the Honorable Governor-General has obtained from the present Phousdar. The Honorable Governor-General is pleased to assert, with a confidential spirit peculiar to himself, that his measures hitherto stand unimpeached, except by us. We know not how this assertion is to be made good, unless the most daring and flagrant prostitution in every branch be deemed an honor to his administration."
The whole style and tenor of these accusations, as well as the nature of them, rendered Mr. Hastings's first postponing, and afterwards totally declining, all denial, or even defence or explanation, very extraordinary. No Governor ought to hear in silence such charges; and no Court of Directors ought to have slept upon them.
The Court of Directors were not wholly inattentive to this business. They condemned his act as it deserved, and they went into the business of his legal right to dissolve the Council. Their opinions seemed against it, and they gave precise orders against the use of any such power in future. On consulting Mr. Sayer, the Company's counsel, he was of a different opinion with regard to the legal right; but he thought, very properly, that the use of a right, and the manner and purposes for which it was used, ought not to have been separated. What he thought on this occasion appears in his opinion transmitted by the Court of Directors to Mr. Hastings and the Council-General. "But it was as great a crime to dissolve the Council upon base and sinister motives as it would be to assume the power of dissolving, if he had it not. I believe he is the first governor that ever dissolved a council inquiring into his behavior, when he was innocent. Before he could summon three councils and dissolve them, he had time fully to consider what would be the result of such conduct, to convince everybody, beyond a doubt, of his conscious guilt."
It was a matter but of small consolation to Mr. Hastings, during the painful interval he describes, to find that the Company's learned counsel admitted that he had legal powers of which he made an use that raised an universal presumption of his guilt.
Other counsel did not think so favorably of the powers themselves. But this matter was of less consequence, because a great difference of opinion may arise concerning the extent of official powers, even among men professionally educated, (as in this case such a difference did arise,) and well-intentioned men may take either part. But the use that was made of it, in systematical contradiction to the Company's orders, has been stated in the Ninth Report, as well as in many of the others made by two of your committees.