were certain points he could not give up; that he could not (for reasons he then assigned) submit to the restoration of Mr. Fowke, Mahomed Reza Khán, and Mr. Bristow; that he had not the smallest personal objection to them, and would willingly provide for them in any other line.

Mr. Francis, in this treaty, insisted on those very points, which Mr. Hastings declared he could never give up; and that his conditions were the company's orders; that is, the restoration of the persons whom they had directed to be restored. The event of this negociation was, that Mr. Hastings at length submitted to Mr. Francis, and that Mr. Fowke and Mahomed Reza Khân were reinstated in their situations.

Your committee observe on this part of the transaction of Mr. Hastings, that as long as the question stood upon his obedience to his lawful superiours, so long he considered the restoration of these persons as a gross indignity, the submitting to which would destroy all his credit and influence in the country. But when it was to accommodate his own occasions in a treaty with a fellow-servant, all these difficulties instantly vanish; and he finds it perfectly consistent with his dignity, credit, and influence, to do for Mr. Francis what he had refused to the strict and reiterated injunctions of the court of directors. Tranquillity was, however, for a time restored by this measure, though it did not continue long. In about three months an occasion occurred, in which Mr. Francis gave some opposition to a measure proposed by Mr. Hastings; which brought on a duel; upon the mischievous effects of which your committee have already made their observations.

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The departure of Mr. Francis soon after for Europe opened a new scene, and gave rise to a third revolution. Lest the arrangement with the servants of the company should have the least appearance of being mistaken for obedience to their superiours, Mr. Francis was little more than a month gone, when Mr. Fowke was again recalled from Benares, and Mr. Bristow soon after from Oude. In these measures Mr. Hastings has combined the principles of disobedience, which he had used in all the cases hitherto stated. In his minute of consultation on this recall he refers to his former minutes; and he adds, that he has " a recent mo"tive in the necessity of removing any circumstance, which may contribute to lessen his in"fluence in the effect of any negociations, in which he may be engaged in the prosecution of his in"tended visit to Lucknow." He here reverts to his old plea of preserving his influence; not content with this, as in the case of Mahomed Reza Khan he had called in the aid of the nabob of Bengal, he here calls in the aid of the nabob of Oude, who, on reasons exactly tallying with those given by Mr. Hastings, desires that Mr. Bristow may be removed. The true weight of these requisitions will appear, if not sufficiently apparent from the known situation of the parties, by the following extract of a letter from this nabob of Oude to his agent at Calcutta, desiring him to

acquaint Mr. Hastings, that "if it is proper 1 "will write to the king [of Great Britain] and "the vizier [one of His Majesty's ministers] and "the chief of the company, in such a manner as "he shall direct, and in the words that he shall "order, that Mr. Bristow's views may be thwarted "there." There is no doubt of the entire co-operation of the nabob Asoph ul Dowlah in all the designs of Mr. Hastings, and in thwarting the views of any persons, who place their reliance on the authority of this kingdom.

As usual, the court of directors appear in their proper order in the procession. After this third act of disobedience with regard to the same person and the same office, and after calling the proceedings unwarrantable," in order to vindicate "and uphold their own authority, and thinking "it a duty incumbent on them to maintain the "authority of the court of directors," they again order Mr. Bristow to be reinstated, and Mr. Middleton to be recalled; in this circle the whole moves with great regularity.

The extraordinary operations of Mr. Hastings, that soon after followed in every department, which was the subject of all these acts of disobedience, have made them appear in a light peculiarly unpropitious to his cause. It is but too probable from his own accounts, that he meditated some strong measure, both at Benares and at Oude, at the very time of the removal of those officers. He declares he knew, that his conduct in those places was such as to lie very open to malicious representations. He must have been sensible, that he was open to such representations from the beginning; he was therefore impelled by every motive, which ought to influence a man of sense, by no means to disturb the order which he had last established.

Of this, however, he took no care; but he was not so inattentive to the satisfaction of the sufferers, either in point of honour or of interest. This was most strongly marked in the case of Mr. Fowke. His reparation to that gentleman, in point of honour, is as full as possible. Mr. Hastings "declared, that he approved his character "and his conduct in office, and believed, that he might depend upon his exact and literal obe"dience and fidelity in the execution of the func"tions annexed to it." Such is the character of the man, whom Mr. Hastings a second time removed from the office, to which he told the court of directors, in his letter of the 3d of March 1780, he had appointed him in conformity to their orders. On the 14th of January 1781, he again finds it an indispensable obligation in him to exercise powers "inherent in the constitution of his government." On this principle he claimed "the right of nomi

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nating the agent of his own choice to the resi"dence of Benares; that it is a representative "situation; that speaking for myself alone it may "be sufficient to say, that Mr. Francis Fowke is "not my agent; that I cannot give him my confidence; that, while he continues at Benares, "he stands as a screen between the rajah and

very

"this government, instead of an instrument of "controul; that the rajah himself, and every chief "in Hindostan, will regard it as the pledge and "foundation of his independence." Here Mr. Hastings has got back to his old principles, where he takes post as on strong ground. This he declares to be his objection to Mr. Fowke, and "that it is insuperable." The line before this paragraph he writes of this person, to whom he could not give his confidence, that " he believed "he might depend upon his fidelity, and his ex"act and literal obedience." Mr. Scott, who is authorized to defend Mr. Hastings, supported the same principles before your committee by a comparison, that avowedly reduces the court of directors to the state of a party against their servants. He declared, that in his opinion "it would be just as absurd to deprive him of the power of nomi"nating his ambassadour at Benares, as it would "be to force on the ministry of this country an "ambassadour from the opposition." Such is the opinion entertained in Bengal, and that but too effectually realized, of the relation between the principal servants of the company and the court of directors.

So far the reparation, in point of honour, to Mr. Fowke was complete. The reparation in point of interest, your committee do not find to have been equally satisfactory but they do find it to be of the most extraordinary nature, and of the most mischievous example. Mr. Fowke had been deprived of a place of rank and honour; the place of a publick Vackeel, or representative. The recompense provided for him is a succession to a contract. Mr. Hastings moved, that on the expiration of Colonel Morgan's contract he should be appointed agent to all the boats employed for the military service of that establishment, with a commission of fifteen per cent. on all disbursements in that office; permitting Mr. Fowke, at the same time, to draw his allowance of an hundred pounds a month, as resident, until the expiration of the contract, and for three months after.

Mr. Hastings is himself struck, as every one must be, with so extraordinary a proceeding; the principle of which he observes "is liable to one "material objection." That one is material indeed; for no limit being laid down for the expence, in which the per-centage is to arise, it is the direct interest of the person employed to make his department as expensive as possible. To this Mr. Hastings answers, that "he is convinced by expe"rience it will be better performed;" and yet, he immediately after subjoins, "this defect can "only be corrected by the probity of the person "intrusted with so important a charge; and I am willing to have it understood as a proof of the confidence I repose in Mr. Fowke, that I have proposed his appointment, in opposition to a "general principle, to a trust so constituted."

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In the beginning of this very minute of consultation, Mr. Hastings removes Mr. Fowke from the residency of Benares, because he cannot give "him his confidence ;" and yet, before the pen is

out of his hand, he violates one of the soundest general principles in the whole system of dealing, in order to give a proof of the confidence he reposes in that gentleman. This apparent gross contradiction is to be reconciled but by one way; which is, that confidence with Mr. Hastings comes and goes with his opposition to legal authority. Where that authority recommends any person, his confidence in him vanishes; but, to shew that it is the authority and not the person he opposes, when that is out of sight, there is no rule so sacred, which is not to be violated to manifest his real esteem and perfect trust in the person whom he has rejected. However, by overturning general principles to compliment Mr. Fowke's integrity, he does all in his power to corrupt it; at the same time he establishes an example, that must either subject all future dealings to the same pernicious clause, or which, being omitted, must become a strong implied charge on the integrity of those, who shall hereafter be excluded from a trust so constituted.

It is not foreign to the object of your committee in this part of their observations, which relates to the obedience to orders, to remark upon the manner, in which the orders of the court of directors, with regard to this kind of dealing in contracts, are observed. These orders relate to contracts; and they contain two standing regulations.

1st. That all contracts shall be publickly advertised, and that the most reasonable proposals shall be accepted.

2dly. That two contracts, those of provisions and for carriage bullocks, shall be only annual.

These orders are undoubtedly some correctives to the abuses, which may arise in this very critical article of publick dealing. But the house will remark, that if the business usually carried on by contracts can be converted at pleasure into agencies, like that of Mr. Fowke, all these regulations perish of course; and there is no direction whatsoever for restraining the most prodigal and corrupt bargains for the publick.

Your committee have enquired into the observance of these necessary regulations; and they find, that they have, like the rest, been entirely contemned, and contemned with entire impunity. After the period of Colonel Monson's death, and Mr. Hastings and Mr. Barwell obtained the lead in the council, the contracts were disposed of without at all advertising for proposals. Those in 1777 were given for three years; and the gentlemen in question growing, by habit and encouragement, into more boldness, in 1779 the contracts were disposed of for five years; and this they did at the eve of the expiration of their own appointment to the government. This encrease in the length of the contracts, though contrary to orders, might have admitted some excuse, if it had been made, even in appearance, the means of lessening the expence. But the advantages allowed to the contractors, instead of being diminished, were enlarged, and in a manner far beyond the proportion of the enlargement of terms. Of this abuse and contempt

of orders a judgment may be formed by the single contract for supplying the army with draught and carriage bullocks. As it stood at the expiration of the contract in 1779, the expence of that service was about one thousand three hundred pounds a month. By the new contract, given away in September of that year, the service was raised to the enormous sum of near six thousand pounds a month. The monthly encrease therefore, being four thousand seven hundred pounds, it constitutes a total encrease of charges for the company, in the five years of the contract, of no less a sum than two hundred and thirty-five thousand pounds. Now, as the former contract was, without doubt, sufficiently advantageous, a judgment may be formed of the extravagance of the present. The terms, indeed, pass the bounds of all allowance for negligence and ignorance of office.

The case of Mr. Bellis's contract for supplying provisions to the fort is of the same description; and, what exceedingly encreases the suspicion against this profusion in contracts, made in direct violation of orders, is, that they are always found to be given in favour of persons closely connected with Mr. Hastings in his family, or even in his actual service.

The principles, upon which Mr. Hastings and Mr. Barwell justify this disobedience, if admitted, reduce the company's government, so far as it regards the supreme council, to a mere patronage; to a mere power of nominating persons to, or removing them from, an authority, which is not only despotick with regard to those, who are subordinate to it, but, in all its acts, entirely independent of the legal power, which is nominally superiour. These are principles directly leading to the destruction of the company's government. A correspondent practice being established, (as in this case of contracts as well as others it has been,) the means are furnished of effectuating this purpose; for the common superiour, the company, having no power to regulate or to support their own appointments, nor to remove those whom they wish to remove, nor to prevent the contracts from being made use of against their interest, all the English in Bengal | must naturally look to the next in authority; they must depend upon, follow, and attach themselves to him solely. And thus a party may be formed of the whole system of civil and military servants, for the support of the subordinate and defiance of the supreme power.

Your committee being led to attend to the abuse of contracts, which are given upon principles fatal to the subordination of the service, and in defiance of orders, revert to the disobedience of orders in the case of Mahomed Reza Khân.

This transaction is of a piece with those that preceded it. On the 6th of July 1781 Mr. Hastings announced to the board the arrival of a messenger, and introduced a requisition from the young nabob Mobarek ul Dowla, " that he might be "permitted to dispose of his own stipend, without 'being made to depend on the will of another."

In favour of this requisition Mr. Hastings urged various arguments :-that the nabob could no longer be deemed a minor;-that he was twentysix years of age, and father of many children ;that his understanding was much improved of late by an attention to his education ;-that these circumstances gave him a claim to the uncontrouled exercise of domestick authority; and it might reasonably be supposed, that he would pay a greater regard to a just economy in his own family than had been observed by those who were aliens to it. For these reasons Mr. Hastings recommended to the board, that Mahomed Reza Khân should be immediately divested of the office of superintendant of the nabob's household, and that the nabob Mobarek ul Dowla should be intrusted with the exclusive and entire receipts and disbursements of his stipend, and the uncontrouled management and regulation of his household.—Thus far your committee are of opinion, that the conclusion corresponds with the premises; for, supposing the fact to be established, or admitted, that the nabob, in point of age, capacity, and judgment, was qualified to act for himself, it seems reasonable, that the management of his domestick affairs should not be withheld from him. On this part of the proceeding your committee will only observe, that if it were strictly true, that the nabob's understanding had been much improved of late by an attention to his education, (which seems an extraordinary way of describing the qualifications of a man of six-and-twenty, the father of many children,) the merit of such improvement must be attributed to Mahomed Reza Khân, who was the only person of rank and character connected with him, or who could be supposed to have any influence over him. Mr. Hastings himself reproaches the nabob with raising mean men to be his companions; and tells him plainly, that some persons, both of bad character and base origin, had found the means of insinuating themselves into his company and constant fellowship.-In such society it is not likely, that either the nabob's morals or his understanding could have been much improved; nor could it be deemed prudent to leave him without any check upon his conduct.-Mr. Hastings's opinion on this point may be collected from what he did, but by no means from what he said, on the occasion.

The house will naturally expect to find, that the nabob's request was granted, and that the resolution of the board was conformable to the terms of Mr. Hastings's recommendation. Yet the fact is directly the reverse. Mr. Hastings, after advising, that the nabob should be intrusted with the exclusive and entire receipts and disbursements of his stipend, immediately corrects that advice, being aware, that so sudden and unlimited a disposal of a large revenue might at first encourage a spirit of dissipation in the nabob; and reserves to himself a power of establishing, with the nabob's consent, such a plan for the regulation and equal distribution of the nabob's expences, as should be adapted to the dissimilar appearances of preserving his

interests and his independence at the same time. On the same complicated principles the subsequent resolution of the board professes to allow the nabob the management of his stipend and expences; with an hope, however, (which, considering the relative situation of the parties, could be nothing less than an injunction,) that he would submit to such a plan as should be agreed on between him and the governour-general.

The drift of these contradictions is sufficiently apparent. Mahomed Reza Khân was to be divested of his office at all events, and the management of the nabob's stipend committed to other hands. To accomplish the first, the nabob is said to be now arrived at that time of life when a man may "be supposed capable, if ever, of managing his 66 own concerns." When this principle has answered the momentary purpose for which it was produced, we find it immediately discarded, and an opposite resolution formed on an opposite principle, viz. that he shall not have the management of his own concerns in consideration of his want of experience.

Mr. Hastings, on his arrival at Moorshedabad, gives Mr. Wheler an account of his interview with the nabob, and of the nabob's implicit submission to his advice. The principal, if not the sole, object of the whole operation appears from the result of it. Sir John D'Oyly, a gentleman in whom Mr. Hastings places particular confidence, succeeds to the office of Mahomed Reza Khân, and to the same controul over the nabob's expences. Into the hands of this gentleman the nabob's stipend was to be immediately paid, as every intermediate channel would be an unavoidable cause of delay; and to his advice the nabob was required to give the same attention as if it were given by Mr. Hastings himself. One of the conditions prescribed to the nabob was, that he should admit no Englishman to his presence without previously consulting Sir John D'Oyly; and he must forbid any person of that nation to be intruded without his introduction. On these arrangements it need only be observed, that a measure, which sets out with professing to relieve the nabob from a state of perpetual pupilage, concludes with delivering not only his fortune but his person to the custody of a particular friend of Mr. Hastings.

The instructions given to the nabob contain other passages, that merit attention. In one place Mr. Hastings tells him, "you have offered to give up the sum of four lacks of rupees to be allowed "the free use of the remainder; but this we have "refused." In another he says, that " as many "matters will occur, which cannot be so easily ex"plained by letter as by conversation, I desire, that you will, on such occasions, give your orders to "Sir John D'Oyly respecting such points as you may desire to have imparted to me." The offer alluded to in the first passage does not appear in the nabob's letters, therefore must have been in conversation, and declined by Mr. Hastings without consulting his colleague. A refusal of it might have been proper; but it supposes a degree of in

capacity in the nabob not to be reconciled to the principles, on which Mahomed Reza Khân was removed from the management of his affairs. Of the matters alluded to in the second, and which, it is said, could not be so easily explained by letters as in conversation, no explanation is given. Your committee will therefore leave them, as Mr. Hastings has done, to the opinion of the house.

As soon as the nabob's requisition was communicated to the board, it was moved, and resolved, that Mahomed Reza Khân should be divested of his office; and the house have seen in what manner it was disposed of. The nabob had stated various complaints against him :-that he had dismissed the old established servants of the Nizamut, and filled their places with his own dependants :-that he had regularly received the stipend of the Nizamut from the company, yet had kept the nabob involved in debt and distress, and exposed to the clamours of his creditors; and sometimes even in want of a dinner. All these complaints were recorded at large in the proceedings of the council; but it does not appear, that they were ever communicated to Mahomed Reza Khân, or that he was ever called upon, in any shape, to answer them. This circumstance inclines your committee to believe, that all of these charges were groundless; especially as it appears on the face of the proceedings, that the chief of them were not well founded. Mr. Hastings, in his letter to Mr. Wheler, urges the necessity of the monthly payment of the nabob's stipend being regularly made; and says, that to relieve the nabob's present wants, he had directed the resident to raise an immediate supply on the credit of the company, to be repaid from the first receipts. From hence your committee conclude, that the monthly payments had not been regularly made; and that whatever distresses the nabob might have suffered must have been owing to the governour-general and council, not to Mahomed Reza Khân; who, for aught that appears to the contrary, paid away the stipend as fast as he received it. Had it been otherwise, that is, if Mahomed Reza Khân had reserved a balance of the nabob's money in his hands, he should, and undoubtedly he would, have been called upon to pay it in; and then there would have been no necessity for raising an immediate supply by other means.

The transaction, on the whole, speaks very sufficiently for itself. It is a gross instance of repeated disobedience to repeated orders; and it is rendered particularly offensive to the authority of the court of directors by the frivolous and contradictory reasons assigned for it. But, whether the nabob's requisition was reasonable or not, the governourgeneral and council were precluded by a special instruction from complying with it. The directors, in their letter of the 14th of February 1779, declare, that a resolution of council, (taken by Mr. Francis and Mr. Wheler, in the absence of Mr. Barwell,) viz. " that the nabob's letter should "be referred to them for their decision; and that