Your committee find, that in the year 1775 Mr. Lauchlan Macleane was sent into England as agent to the nabob of Arcot and to Mr. Hastings.-The conduct of Mr. Hastings, in assisting to extirpate, for a sum of money to be paid to the company, the innocent nation of the Rohillas, had drawn upon him the censure of the court of directors, and the unanimous censure of the court of proprietors. The former had even resolved to prepare an application to His Majesty for Mr. Hastings's dismission.

Another general court was called on this proceeding. Mr. Hastings was then openly supported by a majority of the court of proprietors, who professed to entertain a good opinion of his general ability and rectitude of intention, notwithstanding the unanimous censure passed upon him. In that censure they therefore seemed disposed to acquiesce, without pushing the matter further. But, as the offence was far from trifling, and the condemnation of the measure recent, they did not directly attack the resolution of the directors to apply to His Majesty, but voted in the ballot, that it should be re-considered. The business therefore remained in suspense, or it rather seemed to be dropped, for some months, when Mr. Macleane took a step, of a nature not in the least to be expected from the condition in which the cause of his principal stood, which was apparently as favourable as the circumstances could bear. Hitherto the support of Mr. Hastings in the general court was only by a majority; but, if on application from the directors he should be removed, a mere majority would not have been sufficient for his restoration. The door would have been barred against his return to the company's service by one of the strongest and most substantial clauses in the regulating act of 1773. Mr. Macleane, probably to prevent the manifest ill consequences of such a step, came forward with a letter to the court of directors, declaring his provisional powers, and offering on the part of Mr. Hastings an immediate resignation of his office.

On this occasion the directors shewed themselves extremely punctilious with regard to Mr. Macleane's powers. They probably dreaded the charge of becoming accomplices to an evasion of the act, by which Mr. Hastings, resigning the service, would escape the consequences attached by law to a dismission; they therefore demanded Mr. Macleane's written authority. This he declared he could not give into their hands, as the letter con

dential; but that, if they would appoint a committee of the directors, he would readily communicate to them the necessary parts of the letter, and give them perfect satisfaction with regard to his authority. A deputation was accordingly named; who reported, that they had seen Mr. Hastings's instructions, contained in a paper in his own hand-writing, and that the authority for the act now done by Mr. Macleane was clear and sufficient. Mr. Vansittart, a very particular friend of Mr. Hastings, and Mr. John Stewart, his most attached and confidential dependant, attended on this occasion, and proved, that directions, perfectly correspondent to this written authority, had been given by Mr. Hastings in their presence. By this means the powers were fully authenticated; but the letter remained safe in Mr. Macleane's hands.

Nothing being now wanting to the satisfaction of the directors, the resignation was formally accepted. Mr. Wheler was named to fill the vacancy, and presented for His Majesty's approbation, which was received. The act was complete, and the office, that Mr. Hastings had resigned, was legally filled. This proceeding was officially notified in Bengal, and General Clavering, as senior in council, was in course to succeed to the office of governour-general.

Mr. Hastings, to extricate himself from the difficulties into which this resignation had brought him, had recourse to one of those unlooked-for and hardy measures, which characterize the whole of his administration. He came to a resolution of disowning his agent, denying his letter, and disavowing his friends. He insisted on continuing in the execution of his office, and supported himself by such reasons as could be furnished in such a cause. An open schism instantly divided the council. General Clavering claimed the office, to which he ought to succeed: and Mr. Francis adhered to him; Mr. Barwell stuck to Mr. Hastings. The two parties assembled separately, and every thing was running fast into a confusion; which suspended government, and might very probably have ended in a civil war, had not the judges of the supreme court, on a reference to them, settled the controversy by deciding, that the resignation was an invalid act, and that Mr. Hastings was still in the legal possession of his place, which had been actually filled up in England. It was extraordinary, that the nullity of this resignation should not have been discovered in England; where the act authorizing the resignation then was; where the agent was personally present; where the witnesses were examined; and where there was and could be no want of legal advice, either on the part of the company or of the Crown. The judges took no light matter upon them in superseding, and thereby condemning, the legality of His Majesty's appointment; for such it became by the royal approbation.

On this determination, such as it was, the division in the meeting, but not in the minds of the

indignities on a governour-general.

To the clear injunctions of the legislature Mr. Hastings and Mr. Barwell have thought proper to oppose their pretended reputation and dignity; as if the chief honour of publick ministers in every situation was not to yield a cheerful obedience to the laws of their country. Your committee, to render evident to this house the general nature and tendency of this pretended dignity, and to illustrate the real principles upon which they appear to have acted, think it necessary to make observations on three or four of the cases, already reported, of marked disobedience to particular and special orders; on one of which the above extraordinary doctrine was maintained.

These are the cases of Mr. Fowke, Mr. Bristow, and Mahomed Reza Khân. In a few weeks after the death of Colonel Monson, Mr. Hastings having obtained a majority in council by his casting vote, Mr. Fowke and Mr. Bristow were called from their respective offices of residents at Benares and Oude; places, which have become the scenes of other extraordinary operations under the conduct of Mr. Hastings in person. For the recall of Mr. Bristow no reason was assigned. The reason assigned for the proceeding with regard to Mr. Fowke was, that "the purposes, for which he was appointed, were "then fully accomplished."

An account of the removal of Mr. Fowke was communicated to the court of directors, in a letter of the 22d of December 1776. On this notification the court had nothing to conclude, but that Mr. Hastings, from a rigid pursuit of economy in the management of the company's affairs, had recalled a useless officer. But without alleging any variation whatsoever in the circumstances, in less than twenty days after the order for the recall of Mr. Fowke, and the very day after the dispatch containing an account of the transaction, Mr. Hastings recommended Mr. Graham to this very office; the end of which, he declared to the directors but the day before, had been fully accomplished. And not thinking this sufficient, he appointed Mr. D. Barwell as his assistant at a salary of about four hundred pounds a year. Against this extraordinary act General Clavering and Mr. Francis entered a protest.

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So early as the 6th of the following January the appointment of these gentlemen was communicated in a letter to the court of directors, without any sort of colour, apology, or explanation. That court found a servant removed from his station without complaint, contrary to the tenour of one of their standing injunctions. They allow, however, and with reason, that "if it were possible to suppose, that a saving, &c. had been his mo"tive, they would have approved his proceeding. "But that, when immediately afterwards two persons, with two salaries, had been appointed to "execute the office, which had been filled with reputation by Mr. Fowke alone, and that Mr. "Graham enjoys all the emoluments annexed to "the office of Mr. Fowke;"-they properly conclude, that Mr. Fowke was removed without just

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cause to make way for Mr. Graham; and strictly enjoin, that the former be reinstated in his office of resident as post-master of Benares. In the same letter they assert their rights in a tone of becoming firmness, and declare, that " on no ac"count we can permit our orders to be disobeyed, "or our authority disregarded."

It was now to be seen which of the parties was to give way. The orders were clear and precise, and enforced by a strong declaration of the resolution of the court to make itself obeyed. Mr. Hastings fairly joined issue upon this point with his masters; and having disobeyed the general instructions of the company, determined to pay no obedience to their special order.

On the 21st July 1778 he moved, and succeeded in his proposition, that the execution of these orders should be suspended. The reason he assigned for this suspension lets in great light upon the true character of all these proceedings, "that "his consent to the recall of Mr. Graham would "be adequate to his own resignation of the service, as it would inflict such a wound on his authority and influence, that he could not maintain "it.'

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If that had been his opinion he ought to have resigned, and not disobeyed; because it was not necessary that he should hold his office; but it was necessary, that whilst he held it he should obey his superiours, and submit to the law. Much more truly was his conduct a virtual resignation of his lawful office, and at the same time an usurpation of a situation which did not belong to him, to hold a subordinate office, and to refuse to act according to its duties. Had his authority been selforiginated, it would have been wounded by his submission; but in this case the true nature of his authority was affirmed, not injured, by his obedience, because it was a power derived from others, and, by its essence, to be executed according to their directions.

In this determined disobedience he was supported by Mr. Barwell, who on that occasion delivered the dangerous doctrine, to which your committee have lately adverted. Mr. Fowke, who had a most material interest in this determination, applied by letter to be informed concerning it. An answer was sent, acquainting him coldly, and without any reason assigned, of what had been resolved relative to his office. This communication was soon followed by another letter from Mr. Fowke, with great submission and remarkable decency, asserting his right to his office under the authority of the court of directors; and for solid reasons, grounded on the company's express orders, praying to be informed of the charge against him. This letter appears to have been received by Mr. Hastings and Mr. Barwell very loftily. Mr. Hastings said, "that such applications were irregular; that

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they are not accountable to Mr. Fowke for their "resolution respecting him. The reasons for sus"pending the execution of the orders of the court "of directors contain no charge, nor the slightest "imputation of a charge, against Mr. Fowke;

"but I see no reason why the board should con"descend to tell him so." Accordingly, the proposition of Mr. Francis and Mr. Wheler to inform Mr. Fowke," that they had no reason to be dis"satisfied with his conduct," on the previous question, was rejected.

By this resolution Mr. Hastings and Mr. Barwell discovered another principle, and no less dangerous than the first; namely, that persons deriving a valuable interest under the company's orders, so far from being heard in favour of their right, are not so much as to be informed of the grounds on which they are deprived of it.

April 1779.

*

The arrival soon after of Sir Eyre Coote giving another opportunity of trial, the question for obe* 1st and 5th dience to the company's orders was again brought on by Mr. Francis, and again received a negative. Šir Eyre Coote, though present, and declaring, that, had he been at the original consultation, he should have voted for the immediate execution of the company's orders, yet was resolved to avoid what he called any kind of retrospect. His neutrality gained the question in favour of this the third resolution for disobedience to orders.

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The resolution in Bengal being thus decisively taken, it came to the turn of the court of directors to act their part. They did act their part exactly in their old manner; they had recourse to their old remedy of repeating orders, which had been disobeyed. The directors declare to Mr. Hastings and Mr. Barwell (though without any apparent reason) that "they have read with astonishment "their formal resolution to suspend the execu"tion of their orders; that they shall take such "measures as appear necessary for preserving the "authority of the court of directors, and for preventing such instances of direct and wilful "disobedience in their servants in time to come.' They then renew their directions concerning Mr. Fowke. The event of this sole measure, taken to preserve their authority, and to prevent instances of direct and wilful disobedience, your committee will state in its proper place, taking into consideration, for the present, the proceedings relative to Mr. Bristow, and to Mahomed Reza Khân, which were altogether in the same spirit; but as they were diversified in the circumstances of disobedience, as well from the case of Mr. Fowke as from one another, and as these circumstances tend to discover other dangerous principles of abuse, and the general prostrate condition of the authority of parliament in Bengal, your committee proceed first to make some observations upon them.

ministration of English subjects. He is to all purposes a dependent prince. The person to be employed in his dominions to act for the committee was therefore of little consequence in his capacity of negociator; but he was vested with a trust, great and critical in all pecuniary affairs. These provinces of dependence lie out of the system of the company's ordinary administration; and transactions there cannot be so readily brought under the cognizance of the court of directors. This renders it the more necessary, that the residents in such places should be persons not disapproved of by the court of directors. They are to manage a permanent interest, which is not, like a matter of political negociation, variable, and which, from circumstances, might possibly excuse some degree of discretionary latitude in construing their orders. During the life-time of General Clavering and Colonel Monson, Mr. Bristow was appointed to this presidency, and that appointment, being approved and confirmed by the court of directors, became in effect their own. Bristow appears to have shewn himself a man of talents and activity. He had been principally concerned in the negociations, by which the company's interest in the higher provinces had been established; and those services were considered by the presidency of Calcutta as so meritorious, that they voted him ten thousand pounds as a reward, with many expressions of esteem and honour.

Mr.

Mr. Bristow, however, was recalled by Mr. Hastings and Mr. Barwell, who had then acquired the majority, without any complaint having been assigned as the cause of his removal, and Mr. Middleton was sent in his stead to reside at the capital of Oude. The court of directors, as soon as they could be apprized of this extraordinary step, in their letter of the 4th of July 1777, express their strongest disapprobation of it; they order Mr. Middleton to be recalled, and Mr. Bristow to be re-instated in his office. In December 1778, they repeat their order. Of these repeated orders no notice was taken. Mr. Bristow, fatigued with unsuccessful private applications, which met with a constant refusal, did at length, on the 1st of May 1780, address a letter to the board, making his claim of right; entitling himself to his offices under the authority of the court of directors; and complaining of the hardships, which he suffered by the delay in admitting him to the exercise of it. This letter your committee have inserted at large in the fifth report; having found nothing whatsoever exceptionable in it, although it seems to have excited the warmest resentment in Mr. Hastings.