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That the council at Calcutta, on the represen- | imbecility of the natural lord, and is free from his tation aforesaid made by the resident at Farruck- objection to a resident, is the only one, which the abad, did propose and record a plan for the better said Hastings never has executed, or even proposed government of the said country, but did delay the to execute. execution of the same, until the arrangements made by the said Hastings with the nabob vizier should be known; but the said Hastings, as far as in him lay, did entirely set aside any plan, that could be formed for that purpose upon the basis of a British resident at Farruckabad, by engaging with the said nabob vizier, that no British influence shall be employed within his dominions, and he has engaged to that prince not to abandon him to any other mode of relation; and he has informed the court of directors, that the territories of the nabob of Oude will be ruined, if residents are sent into them, observing, that "residents never will "be sent for any other purposes than those of vengeance and corruption.'

That the said Hastings, by the agreements aforesaid, has left the company in such an alternative, that they can neither relieve the said prince of Farruckabad from oppression without a breach of the engagements entered into by him, the said Hastings, with the nabob vizier in the name of the company, nor suffer him to remain under the said oppression without violating all faith, and all the rules of justice with regard to him. And the said Hastings hath directly made or authorized no less than six revolutions in less than five years in the aforesaid harassed province; by which frequent and rapid changes of government, all of them made in contradiction to all his own declared motives and reasons for the several acts successively That the said Warren Hastings did declare to done and undone in this transaction, the distresses the court of directors, that in his opinion the mode of the country, and the disorders in its adminisof relief most effectual, and most lenient with re-tration, have been highly aggravated; and in the gard to Farruckabad, would be to nominate one of the family of the prince to superintend his affairs, and to secure the payments; but this plan, which appears to be most connected with the rights of the ruling family, whilst it provides against the

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said irregular proceedings, and in the gross and complicated violations of faith with all parties, the said Hastings is guilty of high crimes and misdemeanours.

VI. DESTRUCTION OF THE RAJAH OF SAHLONE.

I.

THAT the late nabob of Oude, Suja ul Dowla, did (on what reasons of policy, or pretences of justice, is unknown) dispossess a certain native person of distinction, or eminent rajah, residing in the country of Sahlone," the lineal descendant "of the most powerful Hindoo family in that part "of Hindostan," of his patrimonial estate; and conferred the same, or part of the same, on his (the nabob's) mother, as a jaghire [or estate] for the term of her life and the mother of the nabob, in order to quiet the country, and to satisfy, in some measure, the principal and other inhabitants, did allow and pay a certain pension to the said rajah; which pension, on the general confiscation of jaghires, (made at the instigation of the said Warren Hastings,) and by the letting the lands so confiscated to farmers at rack-rents, was discontinued, and refused to be paid; and the discontinuance of the said pension, 66 on account "of the personal respect borne to the rajah, (as "connexions with him are sought for, and thought "to confer honour,)" did cause an universal dis

content, and violent commotions, in the district of Sablone, and other parts of the province of Oude, with great consequent effusion of blood, and interruption, if not total discontinuance, to the collection of the revenues in those parts, other than as the same was irregularly, and with great damage to the country, enforced by British troops.

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II.

That Mr. Lumsdaine, the officer employed to reduce those disordered parts of the province to submission, after several advantages gained over the rajah and his adherents, and expelling him from the country, did represent the utter impossibility of bringing it to a permanent settlement merely by forcible methods; as in any of his (the rajah's) incursions it would not be necessary to bring even a force with him, as the ze-"mindars [landed proprietors and freeholders] "are much attached to the rajah, whom they con"sider as their hereditary prince, and never fail "to assist him; and that his rebellion against government is not looked on as a crime:" and

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Bristow to the said Warren Hastings, who did wilfully and criminally omit to order any relief to the said rajah in conformity to the general sense and wishes of the inhabitants; a compliance with whose so reasonable an expectation his duty in restoring the tranquillity of the country, and in retrieving the honour of the English government, did absolutely require. But, instead of making such provision, a price was set upon his head; and several bodies of British troops being employed to pursue him, after many skirmishes and much bloodshed, and mutual waste of the country, the said rajah, honoured and respected by the natives, was hunted down, and at length killed

Mr. Lumsdaine declared it "as his clear opinion,
"that the allowing the said rajah a pension, suit-
"able to his rank and influence in the country,
"would be the most certain mode of obtaining a
permanent peace ;" alleging among other cogent
reasons, "that the expence of the force necessary
"to be employed to subdue the country might be
"spared, and employed elsewhere; and that the
people would return to their villages with their
"cattle and effects, and of course government
"have some security for the revenue, whereas at
"present they have none :" and the representation
containing that prudent and temperate counsel,
given by a military man of undoubted information,
and perfect experience in the local circumstances in a thicket.
of the country, was transmitted by the resident

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VII. CONTRACTS.

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THAT the court of directors of the East India company had laid down the following fundamental rules for the conduct of such of the company's business in Bengal as could be performed by contract; and had repeatedly and strictly ordered the governour and council of Fort William to observe those rules; viz. that all contracts should be publickly advertised, and the most reasonable proposals accepted; that the contracts of provisions, and for furnishing draught and carriagebullocks for the army, should be annual; and that they should not fail to advertise for and receive proposals for those contracts every year. That the said Warren Hastings, in direct dis-" obedience to the said positive orders, and, as the directors themselves say, by a most deliberate breach of his duty, did, in September 1777, accept of proposals offered by Ernest Alexander Johnson for providing draught and carriage-bullocks, and for victualling the Europeans, without advertising for proposals, as he was expressly commanded to do, and extended the contract for three years, which was positively ordered to be annual: and, notwithstanding that extension of the period, which ought at least to have been compensated by some advantage to the company in the conditions, did conclude the said contract upon terms less advantageous than the preceding contract, and therefore not on the lowest terms procurable :-that the said Warren Hastings, in defiance of the judgment and lawful orders of his superiours, which in this case left him no option, declared that he disapproved of publishing for proposals, and that the contract was reduced too low already: thereby avowing himself the advocate of the contractor,

against whom, as representative of the company, and guardian of their interests, he properly was party, and preferring the advantage of the contractor to those of his own constituents and employers:—that the court of directors of the East India company, having carefully considered the circumstances and tendency of this transaction, condemned it in the strongest terms, declaring, that they would not permit the contract to be continued, and that, "if the contractor should think "himself aggrieved, and take measures in consequence, by which the company became involved "in loss or damage, they should certainly hold the majority of the council responsible for such "loss or damage, and proceed against them accordingly."-That the said Warren Hastings, in defiance of orders, which, the directors say, were plain and unequivocal, did, in January 1777, receive from George Templer a proposal, essentially different from the advertisement published by the governour-general and council for receiving proposals for feeding the company's elephants, and did accept thereof, not only without having recourse to the proper means for ascertaining whether the said proposal was the lowest that would be offered, but with another actually before the board, nearly 30 per cent. lower than that made by the said George Templer, to whom the said Warren Hastings granted a contract, in the terms proposed by the said Templer, for three years, and did afterwards extend the same to five years, with new and distinct conditions accepted by the said Warren Hastings, without advertising for fresh proposals, by which the company were very considerable losers :-on all which the court of directors de

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clared, "that this waste of their property could
"not be permitted that he, the said Warren
Hastings, had disregarded their authority, and
disobeyed their orders, in not taking the lowest
"offers;
and they ordered, that the contract for
elephants should be annulled; and the said di-
rectors further declared, that "if the contractor
"should recover damages of the company for
"breach of engagement, they were determined, in
"such case, to institute a suit at law against those
"members of the board, who had presumed, in
"direct breach of their orders, to prefer the inte-
"rest of an individual to that of the company."
-That the said Warren Hastings did in the year
1777 conclude with -
- Forde a con-
tract for an armed vessel for the pilotage of the
Chittigong river, and for the defence of the coast
and river against the incursions of robbers, for the
term of five years, in further disobedience of the
company's orders respecting the mode and dura-
tion of contracts, and with a considerable encrease
of expence to the company:
y:-that the farming
out the defence of a country to a contractor, being
wholly unprecedented, and evidently absurd,
could have no real object but to enrich the con-
tractor at the company's expence; since either
the service was not dangerous, and then the
establishment was totally unnecessary, or, if it
was a dangerous service, it was evidently the inte-
rest of the contractor to avoid such danger, and not
to hazard the loss of his ship or men, which must
be replaced at his own expence; and therefore
that an active and faithful discharge of the con-
tractor's duty was incompatible with his interest.

company's ships, especially in tempestuous weather, and that they should be in a constant condition to keep the sea; whereas it is manifestly the interest of the contractor, in the first instance, to equip the said vessels as scantily as possible, and afterwards to expose them as little as possible to any service, in which the stores to be replaced by him might be lost or consumed; and finally, that in June 1779 the said contract was prolonged to the said master-attendant by the said Warren Hastings for the further space of two years from the expiration of the first, without advertising for proposals. That it does not appear, that any of the preceding contracts have been annulled, or the charges attending any of them abated, or that the court of directors have ever taken any measures to compel the said Warren Hastings to indemnify the company, or to make good any part of the preceding loss incurred by the contracts.

That in the year 1777 the said Warren Hastings did recommend and appoint John Belli, at that time his private secretary, to be agent for supplying the garrison of Fort William with victualling stores; that the stores were to be purchased with money advanced by the company; and that the said agent was to be allowed a commission, or per-centage for his risk and trouble: that, in order to ascertain what sum would be a reasonable compensation for the agent, the governour-general and council agreed to consult some of the principal merchants of Calcutta: that the merchants, so consulted, reported their opinion, that 20 per cent. on the prime cost of the stores would be a reasonable compensation to the agent : that nevertheless the said Warren Hastings, supported by the vote and concurrence of Richard Barwell, then a member of the supreme council, did propose and carry it, that 30 per cent. per annum should be allowed upon all stores to be provided by the agent that the said Warren Hastings professed, that "he preferred an agency "to a contract for this service, because if it were

"tised, and the world would know what provision

That the said Warren Hastings, in further defiance of the company's orders, and in breach of the established rule of their service, did, in the year 1777, conclude a contract with the master and deputy master-attendant of the company's marine, or pilot-service, for supplying the said marine with naval stores, and executing the said service for the term of two years, and without advertising for proposals; that the use and expendi-" performed by contract, it must then be adverture of such stores, and the direction of the pilotvessels, are under the management, and at the dispositions of the master-attendant by virtue of his office; that he is officially the proper and regular check upon the person who furnishes the stores, and bound by his duty to take care, that all contracts for furnishing such stores are duly and faithfully executed that the said Warren Hastings, by uniting the supply and the check in the same hands, did not only disobey the company's specifick orders, and violate the fundamental rules and practice of the service, but did overset the only just and rational principle, on which this, and every other service of a similar nature, ought to be conducted; and did not only subject the company's interest, in point of expence, to fraud and collusion, but did thereby expose the navigation of the Bengal river to manifest hazard and distress; considering, that it is the duty of the master-attendant to take care, that the pilot-vessels are constantly stationed in the roads to await the arrival of the

was made for the defence of the fort;" as if its being publickly known, that the fort was well provided for defence, were likely to encourage an enemy to attack it.-That in August 1779, in defiance of the principle laid down by himself for preferring an agency to a contract, the said Warren Hastings did propose, and carry it, that the agency should be converted into a contract, to be granted to the said John Belli, without advertising for proposals, and fixed for the term of five years, "pretending, that he had received frequent "remonstrances from the said agent concerning "the heavy losses and inconveniences, to which "he was subjected by the indefinite terms of his

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agency;" notwithstanding it appeared by evidence produced at the board, that, on a supply of about £.37,000, he had already drawn a commission of £.22.000 and upwards. That the said Warren Hastings pledged himself, that, if required by the court of directors, the profits arising from

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the agency should be paid into the company's | many other weighty objections against the terms treasury, and appropriated as the court should of the said contracts, were urged in council to the direct. That the court of directors, as soon as said Warren Hastings, he declared, that he should they were advised of the first appointment of the deliver a reply thereto; but it does not appear, said agency, declared, that they considered the that he did ever deliver such reply, or ever enter commission of 20 per cent. as an ample compen- into a justification of any part of his conduct in sation to the agent; and did positively order, that, this transaction. That the act of parliament of according to the engagement of the said Warren 1773, by which the first governour-general and Hastings," the commission, paid or to be paid to council were appointed, did expressly limit the "the said agent, should be reduced to £.20 per duration of their office to the term of five years, "cent."-That the said John Belli did positively which expired in October 1779, and that the refuse to refund any part of the profits he had re- several contracts, hereinbefore mentioned, were ceived, or to submit to a diminution of those which granted in September 1779, and were made to he was still to receive; and that the said Warren continue five years after the expiration of the goHastings has never made good his own voluntary vernment, by which they were granted; that by and solemn engagement to the court of directors this anticipation the discretion and judgment of hereinabove mentioned and as his failure to per- the succeeding government, respecting the subjectform the said engagement is a breach of faith to matter of such contracts, was taken away, and the company, so his performance of such engage- any correction or improvement therein rendered ment, if he had performed it, and even his offer- impracticable.-That the said Warren Hastings ing to pledge himself for the agent, in the first might have been justified by the rules and pracinstance, ought to be taken as presumptive evi- tice, or by the necessity, of the publick service in dence of a connexion between the said Warren binding the government by engagements to enHastings and the said agent, his private secretary; dure one year after the expiration of his own which ought not to exist between a governour act- office; but on no principles could he be justified ing in behalf of the company, and a contractor in extending such engagements beyond the term making terms with such governour for the execu- of one year, much less on the principles he has tion of a publick service. avowed, namely, "that it was only an act of com

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That, before the expiration of the contract here- mon justice in him to secure every man connected inbefore mentioned for supplying the army with "with him, as far as he legally could, from the draught and carriage-bullocks, granted by the "apprehension of future oppression." That the said Warren Hastings to Ernest Alexander John- oppression, to which such apprehension, if real, son for three years, the said Warren Hastings did must allude, could only consist in, and arise out propose and carry it in council, that a new con- of, the obedience, which he feared a future governtract should be made on a new plan, and that an ment might pay to the orders of the court of offer thereof should be made to Richard Johnson, directors, by making all contracts annual, and adbrother and executor of the said contractor, with-vertising for proposals publickly and indifferently out advertising for proposals, for the term of five years that this offer was voluntarily accepted by the said Richard Johnson, who at the same time desired, and obtained, that the new contracts should be made out in the name of Charles Croftes, the company's accountant and sub-treasurer at Fort William :-that the said Charles Croftes offered the said Richard Johnson as one of his securities for the performance of the said contract, who was accepted as such by the said Warren Hastings; and that, at the request of the said contractor, the contract for victualling the Europeans serving at the presidency was added to and united with that for furnishing bullocks, and fixed for the same period; that this extension of the periods of the said contracts was not compensated by a diminution in the charge to be incurred by the company on that account, as it ought to have been; but, on the contrary, the charge was immoderately encreased by the new contracts; insomuch, that it was proved by statements and computations produced at the board, that the encrease on the victualling contract would, in five years, amount to £.40,000; and that the encrease on the bullock-contract, in the same period, would amount to above four hundred thousand pounds: that when this, and

from all persons whatever, by which it might happen, that such beneficial contracts would not be constantly held by men connected with him, the said Warren Hastings:-that this declaration, made by the said Warren Hastings, combined with all the circumstances of these transactions, leaves no room to doubt, that in disobeying the company's orders, and betraying the trust reposed in him as guardian of the company's property, his object was to purchase the attachment of a number of individuals, and to form a party capable of supporting and protecting him in return.

That with the same view, and on the same principles, it appears, that excessive salaries and emoluments, at the East India company's charge and expence, have been lavished by the said Warren Hastings to sundry individuals, contrary to the general principles of his duty, and in direct contradiction to the positive orders of the court of directors; particularly, that whereas by a resolution of the court of proprietors of the East India company, and by an instruction of the court of directors, it was provided, and expressly ordered, that there should be paid to the late Sir John Clavering" the sum of six thousand pounds

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sterling per annum in full for his services as commander-in-chief, in lieu of travelling charges,

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of the company, the annual charge to be borne by the company on that account was encreased by the said Warren Hastings to the enormous sum of thirty-eight thousand two hundred and seventeen pounds ten shillings sterling.

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"and of all other advantages and emoluments | united act of the legislative and executive powers "whatever:" and whereas the court of directors positively ordered, that the late Sir Eyre Coote "should receive the same pay as commander-in"chief of their forces in India, as was received by Lieutenant-General Sir John Clavering;"-the said Warren Hastings, nevertheless, within a very short time after Sir Eyre Coote's arrival in Bengal, did propose and carry it in council, that a new establishment should be created for Sir Eyre Coote, by which an encrease of expence would be incurred by the India company to the amount of eighteen thousand pounds a year and upwards, exclusive of and in addition to his salary of ten thousand pounds a year, provided for him by act of parliament as a member of the supreme council, and exclusive of and in addition to his salary of six thousand pounds a year as commander-in-chief, appointed for him by the company, and expressly fixed to that amount.

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"That on the 1st of November 1779 the said "Warren Hastings did move, and carry it in council, that the resident at the vizier's court "should be furnished with an account of all the "extra allowances and charges of the commander"in-chief when in the field, with orders to add the same to the debit of the vizier's account, as a part of his general subsidy; the charge to commence from the day on which the general shall pass the Carumnassa, and to continue till his "return to the same line."-That this additional expence, imposed by the said Warren Hastings on the vizier, was unjust in itself, and a breach of treaty with that prince, the specifick amount of the subsidy to be paid by him having been fixed by a treaty, to which no addition could justly be made, but at the previous requisition of the vizier. -That the court of directors, in their letter of the 18th of October 1780, did condemn and prohibit the continuation of the allowances abovementioned to Sir Eyre Coote in the following words: " these allowances appear to us in a light so very extraordinary, and so repugnant to the spirit of a resolution of the general court of "proprietors respecting the allowance made to "General Clavering, that we positively direct, "that they be discontinued immediately, and no

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part thereof paid after the receipt of this letter." -That on the 27th of April 1781 the governour-general and council, in obedience to the orders of the directors, did signify the same to the

That the disobedience and breach of trust, of which the said Warren Hastings was guilty in this transaction, is highly aggravated by the following circumstances connected with it: that from the death of Sir John Clavering to the arrival of Sir Eyre Coote in Bengal the provisional command of the army had devolved to, and been vested in, Brigadier-General Giles Stibbert, the eldest officer on that establishment: that in this capacity, and, as the said Warren Hastings has declared, "stand"ing no way distinguished from the other officers "in the army, but by his accidental succession to "the first place on the list," he, the said Giles Stibbert, had, by the recommendation and procurement of the said Warren Hastings, received and enjoyed a salary, and other allowances, to the amount of thirteen thousand eight hundred and fifty-four pounds twelve shillings per annum.-commissary-general, as an instruction to him, That Sir Eyre Coote, soon after his arrival, represented to the board, that a considerable part of those allowances, amounting to £.8,220. 10s. per annum, ought to devolve to himself, as commander-in-chief of the company's forces in India; and stating, that the said Giles Stibbert could no longer be considered as commander-in-chief under the presidency of Fort William, made a formal demand of the same. That the said Warren Hastings, instead of reducing the allowances of the said Giles Stibbert to the establishment, at which they stood during General Clavering's command, and for the continuance of which, after Sir Eyre Coote's arrival, there could be no pretence, continued the allowances of thirteen thousand eight hundred and fifty-four pounds twelve shillings per annum to the said Giles Stibbert; and, at the same time, in order to appease and satisfy the demand of the said Sir Eyre Coote, did create for him that new establishment, herein before specified, of eighteen thousand pounds per annum; insomuch, that instead of the allowance of six thousand pounds a year, in lieu of travelling charges, and of all emoluments and allowances whatsoever, to which the pay and allowances of commander-in-chief were expressly limited by the

that the extraordinary allowances to Sir Eyre Coote should be discontinued, and no part thereof paid after that day; that it appears, nevertheless, that the said extra allowances (amounting to above twenty thousand pounds sterling a year) were continued to be charged to the vizier, and paid to Sir Eyre Coote, in defiance of the orders of the court of directors; in defiance of the consequent resolution of the governour-general and council; and in contradiction to the terms of the original motion, made by the said Warren Hastings, for adding those allowances to the debit of the vizier, viz. "that they should continue till Sir Eyre Coote's return to the Carumnassa."―That Sir Eyre Coote arrived at Calcutta about the end of August 1780, and must have crossed the Carumnassa, in his return from Oude, some weeks before, when the charge on the vizier, if at any time proper, ought to have ceased. That it appears, that the said allowances were continued to be charged against the vizier, and paid to Sir Eyre Coote, for three years after, even while he was serving in the Carnatick, and that this was done by the sole authority and private command of the said Warren Hastings.

That the East India company having thought

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