by the Provincial Council; that for such lands as should not in this manner find CHAP. IH. a renter, the Provincial Councils should receive sealed proposals by advertise1777. ment; that the salt farms should be let upon sealed proposals, a preference being given to the Zemindar or farmer of the lands on which the salt was made; that security should not be asked of the Zemindars, but a part of their lands be sold to discharge their balances. Mr. Francis objected to the rent-roll of last year as too high; and Mr. Hastings admitted the justice of the observation with regard to a part of the lands, where abatement would be required; but thought it good, in the first instance, to try in how many cases the high rent, for which persons were found to engage, would be regarded as not more than the taxes would enable them to pay. Instead of sealed proposals, which he justly denominated a virtual auction, Mr. Francis recommended a settlement by the Provincial Councils. And he wished the manufacture of salt to be left to the holder or renter of the lands where it was made; the government requiring nothing but a duty. With these proposals the Governor-General signified no disposition to comply; but, after fresh commands from England, the average of the collections of the three preceding years was made the basis of the new engagements.

the Court of

inquiry.

In their letter of the 4th of July, 1777, the Directors made the following Strictures by severe reflections on the institution of the Office of inquiry, and the separate Directors upon authority which the Governor-General had taken to himself. "Our surprise the Office of and concern were great on finding by our Governor-General's minute of 1st November, 1776, that after more than seven years' investigation, information is still so incomplete, as to render another innovation, still more extraordinary than any of the former, absolutely necessary in order to the formation of a new settlement. In 1769, supervisors were appointed professedly to investigate the subject: In 1770, controling councils of revenue were instituted: In 1772, the office of Naib Duan was abolished, natives were discarded, and a Committee of Circuit formed, who, we were told, precisely and distinctly ascertained what was necessary to be known: And now, in 1777, two junior servants, with the assistance of a few natives, are employed to collect and digest materials, which have already undergone the collection, inspection, and revision, of so many of our servants of all denominations.-We should have hoped, that when you knew our sentiments respecting the conduct of our late administration, in delegating separate powers to their President, it would have been sufficient to prevent us further trouble on such occasions; but, to our concern, we find, that no sooner was our Council reduced, by the death of Colonel Monson, to a number which rendered the President's casting vote of consequence to him, VOL II.

3 E

Book V. than he exercised it to invest himself with an improper degree of power in the business of the revenue, which he could never have expected from other The same con- authority."

1777.

tinued from

year to year till 1781.

to the Court of

The same inode of settlement was renewed from year to year, till 1781; when a plan destined for permanence was adopted and employed.†

When Mr. Hastings was in the deepest depression, under the ascendancy of his opponents, a gentleman, of the name of Macleane, departed for England, and was entrusted with a variety of confidential affairs, as the private agent of the Governor-General. For the measures adopted against the Rohillas Hastings Resignation of had been censured by the Courts of both Directors and Proprietors: And the Mr. Hastings tendered, by Court of Directors had resolved to address the King for his removal. Upon this an agent of his, severe procedure, a Court of Proprietors was again convened; a majority of Directors; and whom appeared averse to carry the condemnation to so great an extent; and accepted. voted, that the resolution of the Directors should be reconsidered. The business remained in suspense for some months, when Mr. Macleane informed the Court of Directors, that he was empowered to tender the resignation of Mr. Hastings, If he resigned, a mere majority of the Proprietors, who appeared to be on his side, could restore him to the service. If he was dismissed, a mere majority would not be sufficient. In the letters by which the authority of Mr. Macleane was conveyed, confidential communications upon other subjects were contained. On this account he represented the impossibility of his imparting them openly to the Court; but proposed, if they would appoint a confidential Committee of Directors, to communicate to them what was necessary for their satisfaction. The Chairman, Deputy Chairman, and another Director were named. They reported that they had seen Mr. Hastings's instructions in his own hand-writing ; and that the authority of Mr. Macleane, for the proposed proceeding, was clear and sufficient. Mr. Vansittart, and Mr. Stewart, both in the intimate friendship and confidence of Mr. Hastings, gave evidence, that directions perfectly correspondent to this written authority had been given in their presence. The two Chairmen alone concurred in the report. The third Director regarded not the authority as sufficiently proved. The Directors proceeded upon the report: The resignation was formally accepted: And a successor to Mr. Hastings was chosen. Mr. Wheler was named; presented to the King for his approbation; and accepted. General Clavering, as senior Member of the Council, was empowered

* Sixth Report, ut supra, Appendix, No. 11, 12, 13, 14, 15, 16. Minutes of the GovernorGeneral and Council of Fort William, by Philip Francis, Esq.

+ Fifth Report of the Committee of Indian Affairs, 1812, p. 8.

to occupy the chair till Mr. Wheler should arrive. And on the 19th of June, CHAP. III. 1777, intelligence of these proceedings was received in Bengal.

sues.

1777.

A scene of confusion, well calculated to produce the most fatal consequences, He disavows his agent; and ensued. Mr. Hastings, who now possessed the power of the Council, refused to a dangerous acknowledge the authority of his agent; and declared his resolution not to confusion enresign. General Clavering claimed the attributes of supremacy; and summoned the Members of Council to assemble under his auspices. Mr. Barwell attended upon the summons of the one, and Mr. Francis upon that of the other; and two parties, each claiming the supreme authority, were now seen in action one against the other. An appeal to arms appeared, in these circumstances, the only medium of decision; and Mr. Hastings showed his resolution to stand the result. The other party, it is probable, felt their influence inferior to his. At any rate they declined the desperate extremity of a civil war; and finally offered to abide the award of the Supreme Court. The judges decided that Mr. Hastings had not vacated his office. This transaction was afterwards made the subject of a charge against him by those who moved for his impeachment; but he accused the Directors of rashness and injustice, in taking such important steps upon evidence which he affirmed would have been held, in a court of justice, insufficient to maintain a decision for the transference of any article of property of the smallest amount.*

General re

Middleton to

Oude.

The power regained by the Governor-General, and thus strenuously retained, The Governorwas exhibited in other triumphs of slender importance. One of the first mortifi- stores Mr. cations to which he had been subjected upon the arrival of the hostile councillors, the situation was the recall of his agent, Mr. Middleton, from the office of resident with the of resident in Nabob of Oude. It was now his time to retort the humiliation; and on the 2d of December, 1776, he moved in Council, "that Mr. Bristow should be recalled from the court of the Nabob of Oude, and that Mr. Middleton be restored to the office of resident." So far from imputing any blame to Mr. Bristow, the Governor-General acknowledged that he had commanded his esteem. As the ground of his proceeding, he stated that Mr. Middleton had been removed from his office without allegation of fault; that he had a greater confidence in Mr. Middleton than in Mr. Bristow, and that, as the responsibility was laid upon him, it was but just that his agents should be chosen by himself. The measure was vehemently opposed by General Clavering and Mr. Francis; the usual

*Ninth Report, Select Committee, 1783, and Appendix, No. 107, 108, 109, 112, 113, 114, 115; See also the Charges, No. 9, and the Answer of Mr. Hastings.

BOOK V. violence of altercation ensued; Mr. Middleton was appointed, and Mr. Bristow

1777. Recalls Mr. Fowke from Benares.

Both removals

Directors, and

reversed.

recalled.

The part taken by Mr. Joseph Fowke in bringing forward the facts, whence imputations had been drawn upon the Governor-General himself, had excited a resentment, which, having formerly appeared only in bitter and contemptuous expressions, was now made manifest in acts. The son of that gentleman, Mr. Francis Fowke, had on the 16th of August, 1775, been appointed by the Council, against the voice of the Governor-General, to proceed on a species of embassy to the new dependant of the Company, the Rajah of Benares. On the same day on which the Governor-General moved for the recall of Mr. Bristow, he moved for that of Mr. Francis Fowke, which also, after strong opposition, was carried by his own casting vote. Mr. Fowke was recalled, and his commission annulled, on the express declaration, that "the purposes thereof had been accomplished." On the 22d of the same month, a letter of the GovernorGeneral and Council was written to the Court of Directors, in which the recall of Mr. Fowke was reported, and in which it was stated that the commission with which he had been invested was annulled, because the purposes for which it had been created were "fully accomplished." On the very day after the date of this dispatch, the Governor-General moved in Council, and whatever he moved was sure of acceptance, that a civil servant of the Company, with an assistant, should be appointed to reside at Benares.

66

Upon both of these transactions, the Directors pronounced condemnation. In condemned by their general letter to Bengal of the 4th of July, 1777, they say, Upon the ordered to be most careful perusal of your proceedings of the 2d of December, 1776, relative to the recall of Mr. Bristow from the court of the Nabob of Oude, and the appointment of Mr. Nathaniel Middleton to that station, we must declare our strongest disapprobation of the whole of that transaction. And therefore direct, that Mr. Bristow do forthwith return to his station of resident at Oude, from which he has been so improperly removed." And in their letter of the 30th of January, 1778, "You inform us," they said, " in your secret letter of December, 1776, that the purposes for which Mr. Francis Fowke was appointed to proceed to Benares, being fully accomplished, you had annulled his commission, and ordered him to the Presidency. But it appears by your letter of the 6th of January, 1777, that in less than twenty days you thought proper to appoint Mr. Thomas Graham to reside at Benares, and Mr. Daniel Octavus Barwell to be his assistant. If it were possible to suppose that a saving to the Company had been your motive for annulling Mr. Fowke's commission, we should have

1777.

by his casting

vote, decides that the Di

approved your proceedings. But when we find two persons appointed imme- CHAP. II. diately afterwards, with two salaries, to execute an office which had been filled with reputation by Mr. Fowke alone, we must be of opinion that Mr. Fowke was removed without just cause; and therefore direct that Mr. Francis Fowke be immediately re-instated in his office of resident and post-master at Benares." On the 20th of July, 1777, the commands of the Court of Directors, with Mr. Hastings, regard to Mr. Fowke, came under the deliberation of the Governor and Council, when Mr. Hastings moved that the execution of these commands should be suspended. A compliance with them, he said, "would be adequate" (meaning not be obeyed. equivalent) "to his own resignation of the service, because it would inflict such a wound on his authority, as it could not survive." He also alleged that intelligence might daily be expected from England of resolutions which would decide upon his situation in the service; and, notwithstanding the opposition of one half of the Council, he decided, by his casting vote, that Mr. Fowke, in spite of the command of the Directors, should not be replaced.

rectors shall

On the 27th of May, 1779, the Court of Directors write, "We have read The Directors threaten; and with astonishment your formal resolution to suspend the execution of our orders renew their commands. relative to Mr. Francis Fowke. Your proceedings at large are now before us. We 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 our servants in time to come. At present we repeat the commands contained in the sixty-seventh paragraph of our letter of the 30th January, 1778, and direct that they be carried into immediate execution." *

The place rendered vacant in the Council, by the death of Colonel Monson, had been supplied, by the appointment of Wheler, who commonly voted with Francis; but as General Clavering died in the end of the month of August, 1777, the decisions of the Council were still, by his own casting vote, at the command of the Governor-General.

Another of the transactions, which, during the ascendancy of his opponents, had most deeply offended the Governor-General, was the subversion of his regulations respecting the government and household of the Nabob. As this, however, had obtained the sanction of the Court of Directors; and the appointment of Mahomed Reza Khan in particular had met with their specific approbation, some colour for reversing these measures was very much to be desired. The

* The original documents respecting these transactions may be found in the Appendix to the Fifth Report of the Select Committee, 1781; and in the Minutes of Evidence on the Trial of Mr. Hastings.