No More Learning

? ? ? ? 250 ELEVENTH REPORT OF SELECT COMMITTEE
No small merit is made by Mr. Hastings, and that,
too, in a high and upbraiding style, of his having
come to a voluntary discovery of this and other unlawful practices of the same kind. " That honorable court," says Mr. Hastings, addressing himself to his
masters, in his letter of December, 1782, "ought to
know whether I possess the integrity and honor
which are the first requisites of such a station. If
I wanted these, they have afforded me too powerful
incentives to suppress the information which I now
convey to them through you, and to appropriate to
my own use the sums which I have already passed
to their credit, by their unworthy, and pardon me if I
add dangerous reflections, which they have passed upon
me for the first communication of this kind "; and
he immediately adds, what is singular and striking,
and savors of a recriminatory insinuation, " and your
own experience will suggest to you that there are
persons who would profit by such a warning. " * To
what Directors in particular this imputation of experience is applied, and what other persons they are in whom experience has shown a disposition to profit of
such a warning, is a matter highly proper to be inquired into. What Mr. Hastings says further on this subject is no less worthy of attention: - that he
could have concealed these transactions, if he had a
wrong motive, fromn theirs and the public eye forever. " t
It is undoubtedly true, that, whether the observation
be applicable to the particular case or not, practices
of this corrupt nature are extremely difficult of detection anywhere, but especially in India; but all restraint upon that grand fundamental abuse of presents is gone forever, if the servants of the Company * Vide Appendix B. No. 6. t Ibid.
? ? ? ? ON THE AFFAIRS OF INDIA. 251
can derive safety from a defiance of the law, when
they can no longer hope to screen themselves by an
evasion of it. All hope of reformation is at an end,
if, confiding in the force of a faction among Directors
or proprietors to bear them out, and possibly to vote
them the fruit of their crimes as a reward of their discovery, they find that their bold avowal of their offences is not only to produce indemnity, but to be rated for merit. If once a presumption is admitted,
that, wherever something is divulged, nothing is hid,
the discovering of one offence may become the certain means of concealing a multitude of others. The
contrivance is easy and trivial, and lies open to the
meanest proficient in this kind of art; it will not
only become an effectual cover to such practices, but
will tend infinitely to increase them. In that case,
sums of money will be taken for the purpose of discovery and making merit with the Company, and
other sums will be taken for the private advantage of
the receiver.
It must certainly be impossible for the natives to
know what presents are for one purpose, or what for
the other. It is not for a Gentoo or a Mahometan
landholder at the foot of the remotest mountains in
India, who has no access to our records and knows
nothing of our language, to distinguish what lacs of
rupees, which he has given eo nomine as a present
to a Company's servant, are to be authorized by his
masters in Leadenhall Street as proper and legal, or
carried to their public account at their pleasure, and
what are laid up for his own emolument.
The legislature, in declaring all presents to be the
property of the Company, could not consider corruption, extortion, and fraud as any part of their re
? ? ? ? 252 ELEVENTH REPORT OF SELECT COMMITTEE
sources. The property in such presents was declared
to be theirs, not as a fund for their benefit, but in
order to found a legal title to a civil suit. It was
declared theirs, to facilitate the recovery out of corrupt and oppressive hands of money illegally taken; but this legal fiction of property could irot nor ought
by the legislature to be considered in any other light
than as a trust held by them for those who suffered
the injury. Upon any other construction, the Company would have a right, first, to extract money from the subjects or dependants of this kingdom committed to their care, by means of particular conventions, or by taxes, by rents, and by monopolies; and when
they had exhausted every contrivance of public imposition, then they were to be at liberty to let loose upon the people all their servants, from the highest
rank to the lowest, to prey upon them at pleasure,
and to draw, by personal and official authority, by
influence, venality, and terror, whatever was left to
them, -and that all this was justified, provided the
product was paid into the Company's exchequer.
This prohibition and permission of presents, with
this declaration of property in the Company, would
leave no property to any man in India. If, however,
it should be thought that this clause in the act *
should be capable, by construction and retrospect, of
so legalizing and thus appropriating these presents,
(which your Committee conceive impossible,) it is
absolutely necessary that it should be very fully explained.
The provision in the act was made in favor of the
natives. If such construction prevails, the provision
made as their screen from oppression will become
* Act 13 Geo. III. cap 63.
? ? ? ? ON THE AFFAIRS OF INDIA. 253
the means of increasing and aggravating it without
bounds and beyond remedy. If presents, which when
they are given were unlawful, can afterwards be legalized by an application of them to the Company's
service, no sufferer can even resort to a remedial
process at law for his own relief. The moment he
attempts to sue, the money may be paid into the
Company's treasury; it is then lawfully taken, and
the party is non-suited.
The Company itself must suffer extremely in the
whole order and regularity of their public accounts,
if the idea upon which Mr. Hastings justifies the
taking of these presents receives the smallest countenance. On his principles, the same sum may become private property or public, at the pleasure of the receiver; it is in his power, Mr. Hastings says,
to conceal it forever. * He certainly has it in his
power not only to keep it back and bring it forward
at his own times, but even to shift and reverse the
relations in the accounts (as Mr. Hastings has done)
in what manner and proportion seems good to him,
and to make himself alternately debtor or creditor
for the same sums.
Of this irregularity Mr. Hastings himself appears
in some degree sensible. He conceives it possible
that his transactions of this nature may to the Court
of Directors seem unsatisfactory. He, however, puts
it hypothetically: " If to you," says he, " who are accustomed to view business in an official and regular
light, they should appear unprecedented, if not improper. " f He just conceives it possible that in an
* Vide Mr. Hastings's Letter of 16 December, 1782, in Appendix
B. No. 6.
t Vide Appendix B. No. 6.
? ? ? ? 254 ELEVENTH REPORT OF SELECT COMMITTEE
official money transaction the Directors may expect
a proceeding official and regular. In what other
lights than those which are official and regular matters of public account ought to be regarded by those
who have the charge of them, either in Bengal or
in England, does not appear to your Committee.
Any other is certainly "unprecedented and improper," and can only serve to cover fraud both in the
receipt and in the expenditure. The acquisition of
58,000 rupees, or near 60001. , which appears in the
sort of unofficial and irregular account that he furnishes of his presents, in his letter of May, 1782,*
must appear extraordinary indeed to those who expect from men in office something official and something regular. " This sum," says he, "I received
while I was on my journey to Benares. " t He tells
it with the same careless indifference as if things of
this kind were found by accident on the high-road.
Mr. Hastings did not, indeed he could not, doubt
that this unprecedented and improper account would
produce much discussion. He says, " Why these
sums were taken by me, why they were (except the
second) quietly transferred to the Company's account, why bonds were taken for the first and not
for the rest, might, were this matter to be exposed
to the view of the public, furnish a variety of conjectures. " t
This matter has appeared, and has furnished, as
it ougiht to do, something more serious than conjectures. It would in any other case be supposed
that Mr. Hastings, expecting such inquiries, and considering that the questions are (even as they are imperfectly stated by himself) far from frivolous, would * Vide Appendix B. No. 3. t Ibid. t Ibid.
? ? ? ? ON THE AFFAIRS OF INDIA. 255
condescend to give some information upon them; but
the conclusion of a sentence so importantly begun,
and which leads to such expectations, is, "that to
these conjectures it would be of little use to reply. "
This is all he says to public conjecture.
To the Court of Directors he is very little more
complaisant, and not at all more satisfactory; he
states merely as a. supposition their inquiry concerning matters of which he positively knew that they
had called for an explanation. He knew it, because
he presumed to censure them for doing so. To the
hypothesis of a further inquiry he gives a conjectural
answer of such a kind as probably, in an account of
a doubtful transaction, and to a superior, was never
done before.
" Were your Honorable Court to question me upon these points, I would answer, that the sums were
taken for the Company's benefit, at times in which
the Company very much stood in need of them; that
I either chose to conceal the first receipts from public
curiosity by receiving bonds for the amount, or possibly acted without any studied design which my memory
could at this distance of time verify. " *
He here professes not to be certain of the motives
by which he was himself actuated in so extraordinary a concealment, and in the use of such extraordinary means to effect it; and as if the acts in question were those of an absolute stranger, and not his own, he gives various loose conjectures concerning
the motive to them. He even supposes, in taking
presents contrary to law, and in taking bonds for
them as his own, contrary to what lie admits to
be truth and fact, that he might have acted without
* Vide Appendix B. No. 3.
? ? ? ? 256 ELEVENTH REPORT OF SELECT COMMITTEE
any distinct motive at all, or at least such as his
memory could reach at that distance of time. That
immense distance, in the faintness of which his recollection is so completely lost as to set him guessing at his motives for his own conduct, was from the
15th of January, 1781, when the bonds at his own request were given, to the date of this letter, which is the 22d of May, 1782, -that is to say, about one year and four months.
As to the other sums, for which no bond was
taken, the ground for the difference in his explanation is still more extraordinary: he says, "I did not
think it worth my care to observe the same means
with the rest. "* The rest of these sums, which
were not worth his care, are stated in his account
to be greater than those he was so solicitous (for
some reason which he cannot guess) to cover under
bonds: these sums amount to near 53,0001. ; whereas
the others did not much exceed 40,0001. For these
actions, attended with these explanations, he ventures to appeal to their (the Directors') breasts for
a candid interpretation, and "' he assumes the freedom to add, that he thinks himself, on such a subject, and on sutch an occasion, entitled to it"; t and then, as if he had performed some laudable exploit,
in the accompanying letter lie glories in the integrity of his conduct; and anticipating his triumph
over injustice, and the applauses which at a future
time he seems confident he shall receive, says he,
"The applause of my own breast is my surest reward: your applause and that of my country is my
next wish in life. " t He declares in that very letter that he had not at any time possessed the confi* Vide Appendix B. No. 3.
? t Ibid. t Ibid. , No. 6.
? ? ? ON THE AFFAIRS OF INDIA. 257
dence with them which they never withheld from the
meanest of his predecessors. With wishes so near
his heart perpetually disappointed, and, instead of
applauses, (as he tells us,) receiving nothing but
reproaches and disgraceful epithets, his steady continuance for so many years in their service, in a
place obnoxious in the highest degree to suspicion
and censure, is a thing altogether singular.
It appears very necessary to your Committee to
observe upon the great leading principles which Mr.
Hastings assumes, to justify the irregular taking of
these vast sums of money, and all the irregular
means he had employed to cover the greater part of
it. These principles are the more necessary to be
inquired into, because, if admitted, they will serve
to justify every species of improper conduct. His
words are, " that the sources from which these reliefs to the public service have come would never
have yielded them to the Companypublicly; and that
the exigencies of their service (exigencies created
by the exposition of their affairs, and faction in their
divided councils) required those supplies. " *
As to the first of these extraordinary positions,
your Committee cannot conceive what motive could
actuate any native of India dependent on the Company, in assisting them privately, and in refusing to assist them publicly. If the transaction was fair and honest, every native must have been desirous of making merit with the great governing power. If he
gave his money as a free gift, he might value himself
upon very honorable and very acceptable service; if
he lent it on the Company's bonds, it would still have
been of service, and he might also receive eight per.
* Vide Appendix B. No. 6.
VOL. VIII. 17
? ? ? ? 258 ELEVENTH REPORT OF SELECT COMMITTEE
cent for his money. No native could, without some
interested view, give to the Governor-General what
he would refuse to the Company as a grant, or even
as a loan. It is plain that the powers of government
must, in some way or other, be understood by the
natives to be at sale. The Governor-General says
that he took the money with an original destination
to the purposes to which he asserts he has since ap
plied it. But this original destination was in his own
mind only, - not declared, nor by him pretended to
be declared, to the party who gave the presents, and
who could perceive nothing in it but money paid
to the supreme magistrate for his private emolument. All that the natives could possibly perceive
in such a transaction must be highly dishonorable to
the Company's government; for they must conceive,
when they gave money to Mr. Hastings, that. they
bought from Mr. Hastings either what was their own
right or something that was not so, or that they redeemed themselves from some acts of rigor inflicted,
threatened, or apprehended. If, in the first case, Mr.
Hastings gave them the object for which they bargained, his act, however proper, was corrupt, - if he
did not, it was both corrupt and fraudulent; if the
money was extorted by force or threats, it was oppressive and tyrannical. The very nature of such transactions has a tendency to teach the natives to pay a corrupt court to the servants of the Company; and they must thereby be rendered less willing, or less able, or
perhaps both, to fulafil their engagements to the state.
Mr. Scott's evidence asserts that they would rather
give to Mr. Hastings than lend to the Company. It
is very probable; but it is a demonstration of their
opinion of hlis power and corruption, and of the weak
and precarious state of the Company's authority.
? ? ? ? ON THE AFFAIRS OF INDIA. 259
The second principle assumed by Mr. Hastings for
his justification, namely, that factious opposition and
a divided government might create exigencies requiring such supplies, is full as dangerous as the first;
for, if, in the divisions which must arise in all councils, one member of government, when he thinks
others factiously disposed, shall be entitled to take
money privately from the subject for the purposes of
his politics, and thereby to dispense with an act of
Parliament, pretences for that end cannot be wanting. A dispute may always be raised in council in
order to cover oppression and peculation elsewhere.
But these principles of Mr. Hastings tend entirely to
destroy the character and functions of a council, and
to vest them in one of the dissentient members. The
law has placed the sense of the whole in the majority; and it is not a thing to be suffered, that any of
the members should privately raise money for the
avowed purpose of defeating that sense, or for promoting designs that are contrary to it: a more alarming assumption of power in an individual member of any deliberative or executive body cannot be imagined. Mr. Hastings had no right, in order to clear
himself of peculation, to criminate the majority with
faction. No member of any body, outvoted on a question, has, or can have, a right to direct any part of his
public conduct by that principle. The members of
the Council had a common superior, to whom they
might appeal in their mutual charges of faction:
they did so frequently; and the imputation of faction
has almost always been laid on Mr. Hastings himself.
But there were periods, very distinguished periods
too, in the records of the Company, in which the
clandestine taking of money could not be supported
? ? ? ? 260 ELEVENTH REPORT OF SELECT COMMITTEE
even by this pretence. Mr. Hastings has been charged
with various acts of peculation, perpetrated at a time
he could not excuse himself by the plea of any public
purpose to be carried on, or of any faction in council
by which it was traversed. It may be necessary here
to recall to the recollection of the HIouse, that, on the
cry which prevailed of the ill practices of the Company's servants in India, (which general cry in a great
measure produced the Regulating Act of 1773,) the
Court of Directors, in their instructions of the 29th of
March, 1774, gave it as an injunction to the CouncilGeneral, that "they immediately cause the strictest
inquiry to be made into all oppressions which may
have been committed either against natives or Europeans, and into all abuses which may have prevailed
in the collection of the revenues or any part of the
civil government of the Presidency; and that you communicate to us all information which you may be able
to obtain relative thereto, or any embezzlement or
dissipation of the Company's money. "
In this inquiry, by far the most important abuse
which appeared on any of the above heads was that
which was charged relative to the sale in gross by
Mr. Hastings of nothing less than the whole authority
of the country government in the disposal of the guardianship of the Nabob of Bengal.
The present Nabob, Mobarek ul Dowlah, was a minor when he succeeded to the title and office of Subahdar of the three provinces in 1770. Although in
a state approaching to subjection, still his rank and
character were important. Much was necessarily to
depend upon a person who was to preserve the moderation of a sovereign not supported by intrinsic power, and yet to maintain the dignity necessary to carry
? ? ? ? ON THE AFFAIRS OF INDIA. 261
on the representation of political government, as well
as the substance of the whole criminal justice of a
great country. A good education, conformably to the
maxims of his religion and the manners of his people,
was necessary to enable him to fill that delicate place
with reputation either to the Mahometan government
or to ours. He had still to manage a revenue not
inconsiderable, which remained as the sole resource
for the languishing dignity of persons any way distinguished in rank among Mussulmen, who were all
attached and clung to him. These considerations
rendered it necessary to put his person and affairs
into proper hands. They ought to have been men who
were able by the gravity of their rank and character
to preserve his morals from the contagion of low and
vicious company, - men who by their integrity and
firmness might be enabled to resist in some degree
the rapacity of Europeans, as well as to secure the remaining fragments of his property from the attempts
of the natives themselves, who must lie under strong
temptation of taking their share in the last pillage of
a decaying house.
The Directors were fully impressed with the necessity of such an arrangement. Your Committee find,
that, on the 26th of August, 1771, they gave instruc
tions to the President and.
Council to appoint "a
minister to transact the political affairs of the circar
[government], - and to select for that purpose some
person well qualified for the affairs of government to
be the minister of the government, and guardian of
the Nabob's minority. "
The order was so distinct as not to admit of a mistake; it was (for its matter) provident and well considered; and the trust which devolved on Mr. HEast
? ? ? ? 262 ELEVENTH REPORT OF SELECT COMMITTEE
ings was of such a nature as might well stimulate a
man sensible to reputation to fulfil it in a manner
agreeably to the directions he had received, and not
only above just cause of exception, but out of the
reach of suspicion and malice. In that situation it
was natural to suppose he would cast his eyes upon
men of the first repute and consideration among the
Mussulmen of high rank.
Mr Hastings, instead of directing his eyes to the
durbar, employed his researches in the seraglio. In
the inmost recesses of that place he discovered a
woman secluded from the intercourse and shut up
from the eyes of men, whom he found to correspond with the orders he had received from the Directors, as a person well " qualified for the affairs
of government, fit to be a minister of government
and the guardian of the Nabob's minority. " This
woman he solemnly invests with these functions.
He appoints Rajah Gourdas, whom some time after
he himself qualified with a description of a young
man of mean abilities, to be her duan, or steward
of the household. The rest of the arrangement was
correspondent to this disposition of the principal offices.
It seems not to have been lawful or warrantable
in Mr. Hastings to set aside the arrangement positively prescribed by the Court of Directors, which evidently pointed to a man, not to any woman what
ever. As a woman confined in the female apartment, tile lady he appointed could not be competent to hold or qualified to exercise any active employment: she stood in need of guardians for herself, and had not the ability for the guardianship of a
person circumstanced as the Subah was. General
? ? ? ? ON THE AFFAIRS OF INDIA. 263
Clavering, Col6nel Monson, and Mr. Francis declare
in their minute, "that they believe there never was
an instance in India of such a trust so disposed
of. " Mr. Hastings has produced no precedent in
answei to this objection.
It will be proper to state to the House the situation and circumstances of the women principally concerned, who were in the seraglio of Jaffier Ali
Khan at his death. The first of these was called
Munny Begum, a person originally born of poor
and obscure parents, who delivered her over to the
conductress of a company of dancing girls; in which
profession being called to exhibit at a festival, the
late Nabob took a liking to her, and, after some cohabitation, she obtained such influence over him that he took her for one of his wives and (she
seems to have been the favorite) put her at the head
of his harem; and having a son by her, this son
succeeded to his authority and estate, -- Munny Begum, the mother, being by his will a devisee of considerable sums of money, and other effects, oil
which he left a charge, which has since been applied to the service of the East India Company.
The son of this lady dying, and a son by another
wife succeeding, and dying also, the present Nabob,
Mobarek ul Dowlah, son by a third wife, succeeded.
This woman was then alive, and in the seraglio.
It was Munny Begum that Mr. Hastings chose,
and not the natural mother of the Nabob. Whether,
having chosen a woman in defiance of the Company's orders, and in passing by the natural parent of the minor prince, he was influenced by respect for
the disposition made by the deceased Nabob during
his life, or by other motives, the House will deter
? ? ? ? 264 ELEVENTH REPORT OF SELECT COMMITTEE
mine upon a view of the facts which follow. It will
be matter of inquiry, when the question is stated upon the appointment of a stepmother in exclusion of the parent, whether the usage of the East constantly
authorizes the continuance of that same distribution
of rank and power which was settled in the seraglio
during the life of a deceased prince, and which was
found so settled at his death, and afterwards, to the
exclusion of the mother of the successor. In case
of female guardianship, her claim seems to be a
right of Nature, and which nothing but a very clear
positive law will (if that can) authorize the departure from. The history of Munny Begum is stated
on the records of the Council-General, and no attempt made by Mr. Hastings to controvert the truth
of it.
That was charged by the majority of Council to
have happened which might be expected inevitably
to happen: the care of the Nabob's education was
grossly neglected, and his fortune as grossly mismanaged and embezzled. What connection this waste and embezzlement had with the subsequent events
the House will judge.
On the 2d of May, 1775, Mr. James Grant, accountant to the Provincial Council of Moorshedabad, produced to the Governor-General and Council certain Persian papers which stated nine lacs of rupees (upwards of ninety thousand pounds sterling) received by Munny Begum, on her appointment to the management of the Nabob's household, over and
above the balance due at that time, and not accounted for by her. These Grant had received from Nuned Roy, who had been a writer in the Begum's
Treasury Office. BIothl Mr. Grant and Nuned Roy
? ? ? ? ON THE AFFAIRS OF INDIA. 265
were called before the board, and examined respect.
ing the authenticity of the papers. Among other circumstances tending to establish the credit of these papers, it appears that Mr. Grant offered to make oath that the chief eunuch of the Begum had come to him
on purpose to prevail on him not to send the papers,
and had declared that the accounts were not to be disputed.
On the 9th of May it was resolved by a majority of
the board, against the opinion and solemn protest of
the Governor-General, that a gentleman should be
sent up to the city of Moorshedabad to demand of
IMunny Begum the accounts of the nizamut and
household, from April, 1764, to the latest period to
which they could be closed, and to divest the Begum
of the office of guardian to the Nabob; and Mr.
Charles Goring was appointed for this purpose.
The preceding facts are stated to the House, not as
the foundation of an inquiry into the conduct of the
Begum, but as they lead to and are therefore necessary to explain by what means a discovery was made
of a sum of money given by her to Mr. Hastings.
Mr. Goring's first letter from the city, dated 17th
May, 1775, mentions, among other particulars, the
young Nabob's joy at being delivered out of the
hands of MunIny Begum, of the mean and indigent
state of confinement in which he was kept by her, of
the distress of his mother, and that he had told Mr.
Goring that the "Begum's eunuch had instructed the
servants not to suffer him to learn anything by which
he might make himself acquainted with business":
and he adds, " Indeed, I believe there is great truth
in it, as his Excellency seems to be ignorant of almost
everything a man of his rank ought to know, --not
? ? ? ? 266 ELEVENTH REPORT OF SELECT COMMITTEE
from a want of understanding, but of being properly
educated. "
On the 21st of May, Mr. Goring transmitted to the
Governor-General and Council an account of sums
given by the Begum under her seal, delivered to Mr.
Goring by the Nabob in her apartments. The account is as follows.
Memorandum of Disbursements to English Gentlemen, from the Nabob's Sircar, in the Bengal Year 1179.
Seal of Munny Begum,
Mother of the Nabob
Nudjuf ul Dowlah,
deceased.
To the Governor, Mr. Hastings, for an
entertainment. . . . . 1,50,000
To Mr. Middleton, on account of an agreement entered into by Baboo Begum. 1,50,000
Rupees. 3,00,000
When this paper was delivered, the Governor-General moved that Mr. Goring might be asked how he came by it, and on what account this partial selection
was made by him; also, that the Begum should be
desired to explain the sum laid to his charge, and that
he should ask the Nabob or the Begum their reasons
for delivering this separate account.
The substance of the Governor's proposal was
agreed to.
Mr. Goring's answer to this requisition of the board
is as follows.
"' In compliance with your orders to explain the
delivery of the paper containing an account of three
lacs of rupees, I am to inform you, it took its rise
? ? ? ? ON THE AFFAIRS OF INDIA. 267
from a message sent me by the Begum, requesting I
would interest myself with the Nabob to have Akbar
Ali Khan released to her for a few hours, having
something of importance to communicate to me, on
which she wished to consult him. Thinking the service might be benefited by it, I accordingly desired
the Nabob would be pleased to deliver him to my
charge, engaging to return him the same night, --
which I did. I heard no more till next day, when
the Begum requested to see his Excellency and myself, desiring Akbar Ali might attend.
" On our first meeting, she entered into a long detail of her administration, endeavoring to represent
it in the fairest light; at last she came to the point,
and told me, my urgent and repeated remonstrances
to her to be informed how the balance arose of which
I was to inquire induced her from memory to say
what she had herself given, --then mentioning the
sum of a lac and a half to the Governor to feast
him whilst he stayed there, and a lac and a half to
Mr. Middleton by the hands of Baboo Begum. As
I looked on this no more than a matter of conversation, I arose to depart, but was detained by the Begum's requesting the Nabob to come to her. A scene of weeping and complaint then began, which made
me still more impatient to be gone, and I repeatedly
sent to his Excellency for that purpose: he at last
came out and delivered me the paper I sent you, declaring it was given him by the Begum to be delivered me. "
Munny Begum also wrote a letter to General Clavering, in which she directly asserts the same. " Mr.
Goring has pressed me on the subject of the balances;
in answer to which I informed him, that all the par
? ? ? ? 268 ELEVENTH REPORT OF SELECT COMMITTEE
ticulars, being on record, would in the course of the
inquiry appear from the papers. He accordingly received from the Nabob Mobarek ul Dowlah a list of three lacs of rupees given to the Governor and Mr.
Middleton. I now send you inclosed a list of the
dates when it was presented, and through whose
means, which you will receive. "
The Governor-General then desired that the following questions might be proposed to the Begum by Mr. Martin, then Resident at the Durbar.
1st. Was any application made to you for the account which you have delivered, of three lacs of rupees said to have been paid to the Governor and
Mr. Middleton, or did you deliver the account of
your own free will, and unsolicited?
2d. In what manner was the application made to
you, and by whom?
3d. On what' account was the sum of one and half
lacs given to the Governor-General, which you have
laid to his account? Was it in consequence of any
requisition from him, or of any previous agreement,
or of any established usage?
The Governor-General objected strongly to Mr.
Goring's being present when the questions were put
to the Begum; but it was insisted on by the majority, and it was resolved accordingly, that he ought to be present. The reasons on both sides will best
appear by the copy of the debate, inserted in the
Appendix.
The Begum's answer to the preceding questions,
addressed to the Governor-General and Council,
where it touched the substance, was as follows.
" The case is this. Mr. Goring, on his arrival here,
seized all the papers, and secured them, under his seal;
? ? ? ? ON THE AFFAIRS OF INDIA. 269
and all the mutsuddies [clerks or accountants] attended him, and explained to him all the particulars of
them. Mr. Goring inquired of me concerning the
arrears due to the sepoys, &c. , observing, that the
nizamut and bhela money [Nabob's allowance] was
received from the Company; from whence, then,
could the balance arise? I made answer, that the
sum was not adequate to the expenses. Mr. Goring
then asked, What are those expenses which exceed
the sum received from the Company? I replied, All
the particulars will be found in the papers. The affair
of the three lacs of rupees, on account of entertainment
for the Governor and Mr. Mliddleton, has been, I am
told, related to you by Rajah Gourdas; besides which
there are many other expenses, which will appear
from the papers. As the custom of entertainment is
of long standing, and accordingly every Governor of
Calcutta who came to Moorshedabad redeived a daily
sum of two thousand rupees for entertainment, which
was in fact instead of provisions; and the lac and an
half of rupees laid to Mr. Middleton's charge was a
present on account of an agreement entered into by the
Bhow Begum. I therefore affixed my seal to the account, and forwarded it to Mr. Goring by means of
the Nabob. "
In this answer, the accounts given to Mr. Goring she asserts to be genuine. They are explained,
in all the particulars, by all the secretaries and clerks
in office. They are secured under Mr. Goring's seal.
To them she refers for everything; to them she refers for the three lacs of rupees given to Mr. Hastings and Mr. Middleton. It is impossible to combine together a clearer body of proof, composed of record
of office and verbal testimony mutually supporting
and illustrating each other.
? ? ? ? 270 ELEVENTH REPORT OF SELECT COMMITTEE
The House will observe that the receipt of the
money is indirectly admitted by one of the Governor's own questions to Munny Begum.
If the money was not received, it would have been
absurd to ask on what account it was given. Both the
question and the answer relate to some established
usage, the appeal to which might possibly be used to
justify the acceptance of the money, if it was accepted, but would be superfluous, and no way applicable to the charge, if the money was never given.
On this point your Committee will only add, that,
in all the controversy between Mr. Hastings and the
majority of the Council, he nowhere denies the receipt
of this money. In his letter to the Court of Directors
of the 31st of July, 1775, he says that the Begum
was compelled by the ill treatment of one of her servants, which he calls a species of torture, to deliver the paper to Mr. Goring; but he nowhere affirms
that the contents of the paper were false.
On this conduct the majority remark, " We confess
it appears very extraordinary that Mr. Hastings should
employ so much time and labor to show that the discoveries against him have been obtained by improper means, but that he should take no step whatsoever to
invalidate the truth of them. He does not deny the
receipt of the money: the Begum's answers to the
questions put to her at his own desire make it impossible that he should deny it. It seems, he has
formed some plan of defence against this and similar
charges, which he thinks will avail him in a court of
justice, and which it would be imprudent in him to
anticipate at this time. If he has not received the
money, we see no reason for such a guarded and cautious method of proceeding. An innocent man would
? ? ? ? ON THE AFFAIRS OF INDIA. 271
take a shorter and easier course. He would voluntarily exculpate himself by his oath. "
Your Committee entertain doubts whether the refusal to exculpate by oath can be used as a circumstance to infer any presumption of guilt. But where
the charge is direct, specific, circumstantial, supported
by papers and verbal testimony, made before his law.
ful superiors, to whom he was accountable, by persons
competent to charge, if innocent, he was obliged at
least to oppose to it a clear and formal denial of
the fact, and to make a demand for inquiry. But
if he does not deny the fact, and eludes inquiry, just
presumptions will be raised against him.
Your Committee, willing to go to the bottom of a
mode of corruption deep and dangerous in the act
and the example, being informed that Mr. Goring
was in London, resolved to examine him upon the
subject. Mr. Goring not only agreed with all the
foregoing particulars, but even produced to your
Committee what he declared to be the original Persian papers in his hands, delivered from behind the
curtain through the Nabob himself, who, having privilege, as a son-in-law, to enter the women's apartment, received them from Munny Begum as authentic, -the woman all the while lamenting the loss of her power with many tears and much vociferation.
She appears to have been induced to make discovery
of the above practices in order to clear herself of the
notorious embezzlement of the Nabob's effects.
Your Committee examining Mr. Scott and Mr. Baber on this subject, they also produced a Persian paper, which Mr. Baber said he had received from the
hands of a servant of Muiny Begum, -- and along
with it a paper purporting to be a translation into
? ? ? ? 272 ELEVENTH REPORT OF SELECT COMMITTEE
English of the Persian original. In the paper given
as the translation, Munny Begum is made to allege
many matters of hardship and cruelty against Mr.
Goring, and an attempt to compel her to make out a
false account, but does not at all deny the giving the
money: very far from it. She is made to assert, indeed, "that Mr. Goring desired her to put down three lacs of rupees, as divided between Mr. Hastings
and Mr. Middleton. I begged to be excused, observing to him that this money had neither been telndered or accepted with any criminal or improper view. " After some lively expressions in the European manner, she says, " that it had been customary
to furnish a table for the Governor and his attendants, during their stay at court. With respect to
the sum mentioned to Mr.