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to all the local commerce thereof, and therefore | lick auction, or even by private contract, there was, unqualified for the management of such a concern; as he affirmed, no sale, did, under pretence of and that the said Sullivan, instead of executing finding a market for the same, engage the company the contract himself, did, shortly after obtaining the in an enterprise of great and certain expence, subsame, assign it over to John Benn, and others; ject to a manifest risk, and full of disgrace to the and in consideration of such assignment did re- East India company, not only in their political ceive from the said Benn a great sum of money. character, as a great sovereign power in India, but That from the preceding facts, as well as from in their commercial character, as an eminent and sundry other circumstances of restrictions taken off, respectable body of merchants: and that the exe(particularly by abolishing the office of inspector cution of this enterprise was accompanied with into the quality of the opium,) and of beneficial sundry other engagements with other persons, in clauses introduced, it appears that the said Warren all of which the company's interest was constantly Hastings gave this contract to the said Stephen sacrificed to that of individuals favoured by the Sullivan in contradiction to the orders of the court said Warren Hastings. of directors, and without any regard to the interests of the India company, for the sole purpose of creating an instant fortune for the said Sullivan at the expence of the India company, without any claim of service or pretence of merit on his part, and without any apparent motive whatever, except that of securing or rewarding the attachment and support of his father, Lawrence Sullivan, a person of great authority and influence in the direction of the company's affairs, and notoriously attached to and connected with the said Warren Hastings.

That the said Stephen Sullivan neither possessed nor pretended to possess, any skill in the business of his contract; that he exerted no industry, nor shewed, or could shew, any exactness in the performance of it, since he immediately sold the contract for a sum of money to another person, (for the sole purpose of which sale, it must be presumed the same was given,) by which person another profit was to be made; and by that person the same was again sold to a third, by whom a third profit was to be made.

That the said Warren Hastings, at the very time when he engaged the company in a contract for engrossing the whole of the opium produced in Bengal and Bahar in the ensuing four years on terms of such exorbitant profit to the contractor, affirmed, that" there was little prospect of selling "the opium in Bengal at a reasonable price; and "that it was but natural to suppose, that the price "of opium would fall from the demand being "lessened:"-that in a letter, dated the 5th of May 1781, he informed the directors," that owing "to the indifferent state of the markets last season "to the eastward, and the very enhanced rates of "insurance, which the war had occasioned, they "had not been able to dispose of the opium of "the present year to so great an advantage as they expected; and that more than one half of it "remained still in their warehouses."-That the said Warren Hastings was guilty of a manifest breach of trust to his constituents and his employers in monopolizing for their pretended use an article of commerce, for which he declared no purchasers had offered, and that there was little prospect of any offering; and the price of which, he said, it was but natural to suppose would fall. That the said Warren Hastings having, by his own act, loaded the company with a commodity, for which, either in the ordinary and regular course of pub

That the said Warren Hastings first engaged in a scheme to import one thousand four hundred and sixty chests of opium, on the company's account, on board a ship belonging to Cudbert Thornhill, half of which was to be disposed of in a coasting voyage, and the remainder in Canton.That, besides the freight and commission payable to the said Thornhill on this adventure, twelve pieces of cannon belonging to the company were lent for arming the ship; though his original proposal was, that the ship should be armed at his expence.-That this part of the adventure, depending for its success on a prudent and fortunate management of various sales and resales in the course of a circuitous voyage, and being exposed to such risk both of sea and enemy, that all private traders had declined to be concerned in it, was particularly unfit for a great trading company, and could not be undertaken on their account with any rational prospect of advantage.

That the said Warren Hastings soon after engaged in another scheme for exporting two thousand chests of opium directly to China on the company's account, and for that purpose accepted of an offer made by Henry Watson, the company's chief engineer, to convey the same in a vessel of his own, and to deliver it to the company's supercargoes.-That after the offer of the said Henry Watson had been accepted, a letter from him was produced at the board, in which he declared, that he was unable to equip the ship with a proper number of cannon, and requested, that he might be furnished with thirty-six guns from the company's stores at Madras, with which request the board complied. That it appears, that George Williamson, the company's auctioneer at Calcutta, having complained, that by this mode of exporting the opium which used to be sold by publick auction, he lost his commission as auctioneer, the board allowed him to draw a commission of one per cent. on all the opium which had been or was to be exported. That it appears that the contractor for opium (whose proper duties and emoluments as contractor ended with the delivery of the opium) was also allowed to draw a commission on the opium then shipping on the company's account; but for what reason, or on what pretence, does not appear.

That the said Warren Hastings, in order to pay the said Stephen Sullivan in advance for the opium

furnished, or to be furnished, by him in the first | factory estimate the loss to the company, includyear of his contract, did borrow the sum of twenty ing port-charges, demurrage, and factory charges lacks of rupees at eight per cent. or two hundred allowed the captain, at sixty-nine thousand nine thousand pounds sterling, to be repaid by draughts hundred and ninety-three dollars, or about twenty to be drawn on the company by their super-cargoes thousand pounds sterling. in China, provided the opium consigned to them should arrive safe; but that if the adventure failed, whether by the loss of the ships, or otherwise, the subscribers to the above loan were to be repaid their capital and interest out of the company's treasury in Bengal.

That the company's factory at China, after stating the foregoing facts to the court of directors, conclude with the following general observations thereon:-" on a review of these circum"stances, with the extravagant and unusual terms "of the freight, demurrage, factory-charges, &c. That the said Warren Hastings, having in this " &c. we cannot help being of opinion, that primanner purchased a commodity, for which he said "vate considerations have been suffered to interthere was no sale, and paid for it with money, "fere too much for any benefit, that may have which he was obliged to borrow at a high interest," been intended to the honourable company. We was still more criminal in his attempt, or pretended" hope for the honourable court's approbation of plan, to introduce it clandestinely into China. That the importation of opium into China is forbidden by the Chinese government; that the opium, on seizure, is burnt; the vessel, that imports it, confiscated; and the Chinese, in whose possession it may be found for sale, punished with death.

That the governour-general and council were well aware of the existence of these prohibitions and penalties, and did therefore inform the supercargoes in China, that the ship belonging to the said Henry Watson would enter the river at China as an armed ship, and would not be reported, as bearing a cargo of opium; that being a contraband trade. That of the above two ships, the first, belonging to Cudbert Thornhill, was taken by the French; and that the second, arriving in China, did occasion much embarrassment and distress to the company's super-cargoes there, who had not been previously consulted on the formation of the plan, and were exposed to great difficulty and hazard in the execution of their part of it. That the ship was delayed, at a demurrage of an hundred dollars a day, for upwards of three months, waiting in vain for a better market. The

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our conduct in this affair. The novelty and "nature of the consignments have been the source "of much trouble and anxiety; and though we "wished to have had it in our power to do more, we may truly say we have exceeded our expecta"tions."

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That every part of this transaction, from the monopoly, with which it commenced, to the contraband dealing, with which it concluded, criminates the said Warren Hastings, with wilful disobedience of orders, and a continued breach of trust; that every step taken in it was attended with heavy loss to the company, and with a sacrifice of their interest to that of individuals, and that, if finally a profit had resulted to the company from such a transaction, no profit attending it could compensate for the probable risk, to which their trade in China was thereby exposed; or for the certain dishonour and consequent distrust, which the East India company must incur in the eyes of the Chinese government by being engaged in a low clandestine traffick, prohibited by the laws of the country.

XIII. APPOINTMENT OF R. J. SULLIVAN.

THAT, in the month of February 1781, Mr. | Richard Joseph Sullivan, secretary to the select committee at Fort St. George, applied to them for leave to proceed to Calcutta on his private affairs. That, being the confidential secretary to the select committee at Fort St. George, and consequently possessed of all the views and secrets of the company, as far as they related to that government, he went privately into the service of the nabob of Arcot; and under the pretence of proceeding to Calcutta on his private business, undertook a commission from the said nabob to the governour-general and council, to negociate with

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them in favour of certain projects of the said nabob, which had been reprobated by the company.

That the said Sullivan was soon after appointed back again by the said Warren Hastings to the office of resident at the durbar of the said nabob of Arcot. That it was a high crime and misdemeanour in the said Hastings to encourage so dangerous an example in the company's service, and to interfere unnecessarily with the government of Madras in the discharge of the duties peculiarly ascribed to them by the practice and orders of the company, for the purpose of appointing to a great and confidential situation a man, who had so re

cently committed a breach of trust to his em- | pany's service, though that fact was known at ployers.

That the court of directors, in their letter to Bengal, dated the 12th of July 1782, and received there on the 18th of February 1783, did condemn and revoke the said appointment. That the said directors, in theirs to Fort St. George, dated the 28th of August 1782, and received there the 31st of January 1783, did highly condemn the conduct of the said Sullivan; and, in order to deter their | servants from practices of the same kind, did dismiss him from their service.

That the said Hastings knowing, that the said Sullivan's appointment had been condemned and revoked by the court of directors, and pretending, that on the 15th of March 1783 he did not know, that the said Sullivan was dismissed from the com

Madras on the 31st of the preceding January, did recommend the said Sullivan to be ambassadour at the court of Nizam Ally Cawn, subahdar of the Deccan, in defiance of the authority and orders of the court of directors.

That even admitting, what is highly improbable, that the dismission of the said Sullivan from the service of the said company was not known at Calcutta in forty-three days from Madras, the lastmentioned nomination of the said Sullivan was made at least in contempt of the censure already expressed by the court of directors at his former appointment to the durbar of the nabob of Arcot, and which was certainly known to the said Hastings.

XIV. RANNA OF GOHUD.

THAT on the 2d of December 1779 the governour-general and council of Fort William, at the special recommendation and instance of Warren Hastings, Esquire, then governour-general, and contrary to the declared opinion and protest of three of the members of the council, (viz.) Philip Francis and Edward Wheler, Esquires, who were present; and of Sir Eyre Coote, who was absent, (by whose absence the casting voice of the said Warren Hastings, Esquire, prevailed,) did conclude a treaty of perpetual friendship and alliance, offensive and defensive, with a Hindoo prince, called the Ranna of Gohud, for the express purpose of using the forces of the said ranna in opposition to the Mahrattas.

That, among other articles, it was stipulated with the said ranna by the said Warren Hastings, "that whenever peace should be concluded be"tween the company and the Mahratta state, the "Maha rajah should be included as a party in "the treaty, which should be made for that purpose; and his present possessions, together with "the fort of Gualior, which of old belonged to "the family of the Maha rajah, if it should be "then in his possession, and such countries as he "should have acquired in the course of war, and "which it should then be stipulated to leave in "his hands, should be guarantied to him by such 66 treaty."

That in the late war against the Mahrattas the said ranna of Gohud did actually join the British army, under the command of Colonel Muir, with two battalions of infantry, and 1,200 cavalry, and did then serve in person against the Mahrattas, thereby affording material assistance, and rendering essential service to the company.

That in conformity to the above-mentioned treaty, in the fourth article of the treaty of peace, concluded on the 13th of October 1781, between Colonel Muir on the part of the English company, and Madajee Scindia the Mahratta general, the said ranna of Gohud was expressly included.

That, notwithstanding the said express provision and agreement, Madajee Scindia proceeded to attack the orts, and lay waste the territories, of the said Ranna, and did undertake and prosecute a war against him for the space of two years; in the course of which the ranna and his family were reduced to extreme distress, and in the end he was deprived of his forts, and the whole not only of his acquired possessions, but of his original dominions, so specially guarantied to him by the British government in both the above-mentioned treaties.

That the said Warren Hastings was duly and regularly informed of the progress of the war against the ranna, and of every event thereof; notwithstanding which, he not only neglected in any manner to interfere therein in favour of the said ranna, or to use any endeavours to prevent the infraction of the treaty, but gave considerable countenance and encouragement to Madajee Scindia in his violation of it, both by the residence of the British minister in the Mahratta camp, and by the approbation shewn by the said Warren Hastings to the promises made by his agent of observing the strictest neutrality, notwithstanding he was in justice bound, and stood pledged by the most solemn and sacred engagements, to protect and preserve the said ranna from those enemies, whose resentment he had provoked only by his adherence to the interests of the British nation.

That in the only attempt made to sound the disposition of Madajee Scindia, relative to a pacification between him and the ranna of Gohud, on the 14th of May 1783, Mr. Anderson, in obedience to the orders he had received, did clearly and explicitly declare to Bhow Bucksey, the minister of Madajee Scindia, the sentiments of the said Warren Hastings in the words following:-" that "it was so far from your (the said Hastings's) "meaning to intercede in his (the said ranna's) "favour, that I only desired him to sound Scin"dia's sentiments, and in case he was desirous of peace, to mention what I had said; but if he "seemed to prefer carrying on the war, I begged, "that he would not mention a syllable of what "had passed, but let the matter drop entirely." That it afterwards appeared, in a minute of the said Hastings in council at Fort William, on the 22d of September 1783, that he promised, at the instance of a member of the council, to write to Lieutenant James Anderson in favour of the ranna of Gohud, and lay his letter before the board.

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That nevertheless the said Hastings, professing not to recollect his said promise, did neglect to write a formal letter to Lieutenant Anderson in favour of the said ranna of Gohud, and that the private letter, the extract of which the said Hastings did lay before the board on the 21st of October 1783, so far from directing any effectual interference in favour of the said ranna, or commanding his agent, the said James Anderson, to interpose the mediation of the British government to procure "honourable terms" for the said ranna, or even safety to his person and family," contains the bitterest invectives against him, and is expressive of the satisfaction, which the said Hastings acknowledges himself to have enjoyed in the distresses of the said ranna, the ally of the company. That the measures therein recommended appear rather to have been designed to satisfy Madajee Scindia, and to justify the conduct of the British government in not having taken a more active and a more hostile part against the said ranna, than an intercession on his behalf.

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That though no consideration of good faith, or observance of treaties, could induce the said Hastings to incur the hazard of any hostile exertion of the British force for the defence or the relief of the allies of the company, yet in the said private letter he directed, that, in case his mediation should be accepted, it should be made a specifick condition, that, if the said ranna should take advantage of Scindia's absence to renew his hostilities, we ought in that case, on requisition, to invade the dominions of the ranna.

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That no beneficial effects could have been procured to the said ranna by an offer of mediation delayed till Scindia no longer wanted our assistance to crush so fallen an enemy;" at the same time that no reason was given to Scindia to apprehend the danger of drawing upon himself the resentment of the British government by a disregard of their proposal, and the destruction of their ally.

That it was a gross and scandalous mockery in the said Hastings to defer an application to obtain honourable terms for the ranna, and safety for his person and family, till he had been deprived of his principal fort, in defence of which his uncle lost his life, and on the capture of which his wife, to avoid the dishonour consequent upon falling into the hands of her enemies, had destroyed herself by an explosion of gunpowder.

That, however, it does not appear, that any offer of mediation was ever actually made, or any influence exerted, either for the safety of the ranna's person and family, or in mitigation of the rigorous intentions supposed by Lieutenant Anderto have been entertained against * 29 February him by Madajee Scindia after his surrender.

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That the said Hastings, in the instructions given by him to Mr. David 4th of NovemAnderson for his conduct in negociating the treaty of peace with the Mahrattas, expressed his determination to desert the ranna of Gohud, in the following words: "you will of course be attentive to any engagements subsist"ing between us and other powers, in settling the "terms of peace and alliance with the Mahrattas; "I except from this the ranna of Gohud.”— "Leave him to settle his own affairs with the "Mahrattas."

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That the said Anderson appears very assiduously to have sought for grounds to justify the execution of this part of his instructions, to which, however, he was at all events obliged to conform.

That even after his application for that purpose to the Mahrattas, whose testimony was much to be suspected, because it was their interest to accuse, and their determined object to destroy, the said ranna, no satisfactory proof was obtained of his defection from the engagements he had entered into with the company.

That moreover, if all the charges, which have been pretended against the ranna, and have been alleged by the said Hastings in justification of his conduct, had been well founded, and proved to be true, the subject-matter of those accusations, and the proofs, by which they were to be supported, were known to Colonel Muir before the conclusion of the treaty he entered into with Madajee Scindia; and therefore, whatever suspicions may have been entertained, or whatever degree of criminality may have been proved against the said ranna, previous to the said treaty, from the time he was so provided for and included in the said treaty, he was fully and justly entitled to the security stipulated for him by the company, and had a right to demand and receive the protection of the British government.

That these considerations were urged by Mr. Anderson to the said Warren Hastings, in his letter of the 24th of June 1781, and were enforced by this additional argument, "that in point of

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policy, I believe, it ought not to be our wish, "that the Mahrattas should ever recover the for"tress of Gualior; it forms an important barrier

Hastings has complained of the insufficiency of the laws of this kingdom to enforce this doctrine" by "the punishment of persons in the possession of "power, who may be impelled by the provocation of ambition, avarice, or vengeance, stronger than "the restrictions of integrity and honour, to the "violation of this just and wise maxim."

to our own possessions. In the hands of the ranna it can be of no prejudice to us; and "notwithstanding the present prospect of a per"manent peace betwixt us and the Mahrattas, it "seems highly expedient, that there should always" "remain some strong barrier to separate us, on "this side of India, from that warlike and power"ful nation."

That the said Hastings, in thus departing from these his own principles, with a full and just sense of the guilt he would thereby incur, and in sacrificing the allies of this country "to the provoca

That the said Warren Hastings was highly culpable in abandoning the said ranna to the fury of his enemies, thereby forfeiting the honour, and injuring the credit, of the British nation in India," tions of ambition, avarice, or vengeance," in notwithstanding the said Hastings was fully con- violation of the national faith and justice, did vinced, and had professed, "that the most sacred commit a gross and wilful breach of his duty, and "observance of treaties, justice, and good faith, was thereby guilty of an high crime and misde"were necessary to the existence of the national "interests in that country."-And though the said

meanour.

PART I.

XV. REVENUES.

anny, or collection of the revenues:- that about the year 1770 the provinces of Bengal and Bahar were visited with a dreadful famine and mortality, by which at least one third of the inhabitants perished:-that Warren Hastings, Esquire, has declared, " that he had always heard the loss of

THAT the property of the lands of Bengal is, according to the laws and customs of that country, an inheritable property, and that it is, with few exceptions, vested in certain natives, called" inhabitants reckoned at a third, and in many zemindars, or landholders, under whom other na- "places near one half, of the whole; and that he tives, called talookdars and ryots, hold certain "knew not by what means such a loss could be subordinate rights of property, or occupancy, in "recruited in four or five years, and believed it the said lands-that the said natives are Hindoos, " impossible." That nevertheless the revenue was and that their rights and privileges are grounded violently kept up to its former standard, that is, upon the possession of regular grants, a long se- in the two years immediately preceding the apries of family succession, and fair purchase:pointment of the said Warren Hastings to the gothat it appears, that Bengal has been under the vernment of Fort William ; in consequence of dominion of the Mogul, and subject to a Ma- which the remaining two thirds of the inhabitants hommedan government, for above two hundred were obliged to pay for the lands now left withyears-that, while the Mogul government was out cultivation; and that from the year 1770 to in its vigour, the property of zemindars was held the year 1775 the country had languished, and sacred; and that either by voluntary grant from the the evil continued enhancing every day :—that said Mogul, or by composition with him, the native the said Warren Hastings, in a letter to the secret Hindoos were left in the free, quiet, and undisturb-committee of the court of directors, dated 1st Seped possession of their lands, on the single condition tember 1772, declared, "that the lands had sufof paying a fixed, certain, and unalterable revenue," fered unheard-of depopulation by the famine or quit rent, to the Mogul government :-that this "and mortality of 1769;-that the collections revenue, or quitrent, was called the Aussil Jumma, violently kept up to their former standard, had or original ground-rent, of the provinces, and was "added to the distress of the country, and threatnot encreased from the time when it was first set- "ened a general decay of the revenue, unless imtled in 1573 to 1740, when the regular and effec- "mediate remedies were applied to prevent it." tive Mogul government ended:-that, from that That the said Warren Hastings has declared, time to 1765, invasions, usurpations, and various" that, by intrusting the collections to the hererevolutions took place in the government of Ben- ditary zemindars, the people would be treated gal, in consequence of which the country was con- "with more tenderness, the rents more improved, siderably reduced and impoverished, when the "and cultivation more likely to be encouraged; East India company received from the present "that they have a perpetual interest in the counMogul emperour, Shâ Alum, a grant of the dew- try; that their inheritance cannot be removed;

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