Chapter XV (9)

The Secret Committee had been chiefly named by the Ministry. It had in its number several men of business, who, not being prompted by any personal resentments, and desirous of avoiding the reproaches thrown upon the first Committee, proceeded to scrutinise the actual state of the Company's concerns, so as to afford to the House data, so much required for coming to a conclusion regarding the real condition and solvency of the Company, and the general management of its affairs at home and abroad. The Minister was anxious, from the labours of the two, to be able to discover some principles for the guidance of the Company's affairs, and to enable the Government to satisfy the country. The questions had become very complicated, and numerous individuals were implicated. The Attorney-General, Thurlow, undertook to peruse the papers during the Easter holidays, and to lay before the Minister the propositions that might result from them. A consultation, to which were called the chief ministerial members who had taken an active part in India affairs, was afterwards held at the Minister's house. The Solicitor-General, Wedderburn, who was known to be Lord Clive's personal friend, was not invited. The proposition made by the Attorney-General, after considering the papers, is said to have been, that Parliament should confiscate to the public all the sums acquired by English public servants in the East Indies, under the denomination of presents from the Indian Princes, as having been obtained by the military force of this country, and, therefore, belonging to the State. This sweeping proposition, which confounded different times and circumstances, startled the meeting. Some of them observed, that no distinction was made between presents received before and after they were prohibited; that some had been received as the reward of signal meritorious services, and enjoyed for a long series of years, without any claim having been made upon them either by the State or the Company; and that, even as to those for whom such favourable distinctions could not be made, to deprive them, to their ruin, of property that had been long and quietly enjoyed, would be considered as harsh and revolting. The surly lawyer declared that, upon mature consideration, he had not been able to form any other proposition, and the consultation broke up.[189] It seems, however, to have been on this proposition, that Colonel Burgoyne grounded his subsequent motion.

It is obvious that committees constituted like the two in question, however industrious, and however impartial, must, from their composition, be liable to occasional errors; and before proceeding farther, it may be remarked that, in the course of their proceedings, several such did accordingly occur. The India House, from which their principal materials were to be derived, was under an influence most hostile to Lord Clive and his interests; and official men best know how easy it is to give a particular turn or colour even to official documents or accounts. Lord North, in his speech of March 23, 1773, remarked, that persons concerned in keeping the Company's accounts were such expert arithmeticians, that they were acquainted with the twofold manner of ciphering; in consequence of which it was apparent that there was such a thing as a twofold method of stating accounts. And Mr. Sulivan himself[190], in the same debate, acknowledged that the statement made by the Secret and Select Committees, of the state of the Company's affairs, was in several respects erroneous. One of the most glaring errors of fact is to be found in the Third Report of the Select Committee, where Lord Clive is represented as having got his jaghire at the period of the revolution in favour of Meer Jaffier[191], though in reality it was not granted for two years afterwards; a very important difference. Another instance may be given. The Secret Committee, in one of their Reports, stated that Lord Clive and his Council had paid away a large sum of money to individuals, under the head of Donation-money, in direct contradiction to an express order of the Court of Directors issued long before. On the publication of this statement, Lord Clive at once showed that it was erroneous; and that the order had been sent by the Falmouth, which was wrecked, and the packet lost; and that a duplicate did not reach Bengal till a considerable time after the payment had been made. These facts it accidentally happened that he was able to prove from the records of the India House. But assertions, even where unfounded, do not always admit of being disproved so satisfactorily, or even at all.

From this and some other articles misreported in a similar way, the partiality of the Secret Committee seemed liable to suspicion. From this imputation they were, however, exculpated by Mr. Jenkinson, afterwards Lord Liverpool, a member of the Committee, who informed the House, that, as the Committee had found it impossible themselves to search for facts among the vast mass of papers at the India House, they had been under the necessity of confiding in the diligence and accuracy of the clerks in the several departments; and that, for the matter then in debate, they had trusted to Mr. Samuel Wilks, the examiner of India correspondence, who appeared to them to be a man of extreme caution and industry.

The error in question was one that might have escaped Mr. Wilks quite unintentionally; but it is to be feared that all the errors or misrepresentations were not of the same description: and the circumstances to be stated, may prove what unseen yet formidable difficulties Lord Clive and all who were opposed to the Directors had to contend with, where the effect of a passing, incorrect assertion contained in a single line, was often not to be destroyed, if at all, by long and painful representations of the real circumstances.

On the 3d of May, when Lord North moved for leave to bring in his Bill for the better management of the East India Company, Lord Clive solicited the indulgence of the House, while he explained a few facts which had been partially stated in the Reports of the Select Committee. While he defended his own character, he did not spare Lord North nor the Court of Directors. He complained in particular of the mean and dishonest artifices which had been resorted to by some of the Directors to blast his honest fame, and that through the agency of the Committee then sitting. That one gentleman, a member of that House, who had long been the principal manager of the affairs of the East India Company[192], had on the seventh day of November last, in a private conversation with Mr. Hoole, the Auditor-General, told him that he wished for his assistance in a matter that would be particularly serviceable, and desired that he would draw up a complete state of the civil and military charges of Bengal, and likewise the revenues from the time of Lord Clive's arrival in Bengal in 1765; and directed him to refer to all the letters, plans, or regulations of Lord Clive, noting how far the charges, revenues, &c. agreed with them; to trace out the causes of any increase or decrease; to draw up the whole historically and progressively, making all the accounts _his own_; and, as Mr. Sulivan expressed himself, _to mark the man_; concluding that he wished to show that all the distresses of the Company arose from _him_. Lord Clive reminded the House with what caution materials drawn up in such a spirit, and issuing from such a source, were to be received; and how easily, by the effect of so powerful an engine, any man's reputation could be destroyed.

Mr. Sulivan rose in his own vindication, and acknowledged the circumstance to be true; but said, that as Lord Clive had taken occasion in the House, last session, to impute the distresses of the Company to the Directors, he thought he, as a Director, was justified in endeavouring to turn the tables, and lay the blame upon his Lordship, which he had been in hopes of doing fairly, with the assistance of Mr. Hoole. He then expatiated upon the enmity which had long been maintained against him by Lord Clive; and to show that it had not been reciprocal, he would now, he said, divulge a circumstance highly injurious to the noble Lord's honour, and which he had industriously concealed from the Secret Committee: this was the suppression of sixteen months' correspondence which had passed during his first government of Bengal, and which, though repeatedly called for by the Directors, had never been produced: that it was believed that the letters so suppressed might set the business of the jaghire in a different light from any in which it had yet appeared. Lord Clive, immediately rising, stated the facts. The correspondence with Indian Princes is always carried on by the Governor only; and translations are kept in books transmitted to the Directors from time to time. Some portion of it, written in the year 1759, by some accident had been neglected to be sent home. In 1763, when Lord Clive filed a bill against the Company for recovering his jaghire, the Directors (suspecting that the missing letters might contain something of importance, and had therefore been withheld) called on him to produce them, as it was presumed that he had retained copies for himself of his correspondence. In answer, he acquainted the Court that he had delivered the sections in question to Mr. Campbell, a Scotch author, in the year 1760, in order to prepare a memorial concerning the Dutch affairs to be laid before Mr. Pitt, then Secretary of State: that since then he had not seen them, though he had in vain made every inquiry after them; but that, from his own knowledge, he could affirm they did not contain any thing that could affect the matter in dispute between him and the Company.

To this statement Mr. Sulivan, of course, might give only such credit as he was disposed; but, as it happened, some account of the debate having appeared in the public newspapers, Dr. Campbell wrote to inform Lord Clive that he had found the sections mentioned by Mr. Sulivan, and was ready to deliver them to his Lordship's order. They were accordingly recovered next day, and immediately sent to the Court of Directors, and were found not to have the smallest reference to the jaghire.

But though Lord Clive had it in his power to meet and answer thus speedily these reflections upon his character, it is very evident that this good fortune was partly owing to accident; and that, in many similar instances, the most honourable and the most cautious of men might have found it altogether impossible to explain, at the moment, or at all, charges thus brought against them, at the distance of many years, when the minute circumstances had dropped from their memory, when documents had been mislaid or lost, or witnesses had fallen under the stroke of death. Several persons, whose acts were alluded to in the various reports, complained bitterly of this, as well as that the injury was not known till it had become in some measure irreparable by publication.

At length the storm which had so long been gathering against Lord Clive in the Select Committee, burst upon his head. The Committee had taken a historical view of the whole incidents, military and political, that had occurred in Bengal for seventeen years before; and Lord Clive and most of the chief agents who had been engaged in them had been repeatedly examined. Colonel Burgoyne, who, on the 8th and 21st of April, had brought up the Third and Fourth Reports of the Committee, called the attention of the House to them on the 10th of May[193], and, after alluding to the disagreeable situation in which he was placed, declared that the Reports contained an account of crimes shocking to human nature; that all the disasters that had befallen the Company and their affairs in the East could be traced back to the dethronement of Suraj-u-Dowlah, and the establishment of Meer Jaffier; a revolution, he said, effected by the blackest perfidy. He dwelt upon the circumstances of that event, in which Lord Clive took the leading part; the fictitious treaty by which Omichund was induced to desert his master; the forging, as he alleged, of Admiral Watson's name to that treaty, when the Admiral himself refused to subscribe it; the subsequent agreement with Meer Jaffier, and the immense sums received by the Select Committee of Calcutta, and others of the principal agents, under the name of presents or donations, but which, being, as he asserted, extorted by the influence of military force, did, like all acquisitions by treaty with foreign powers, of right belong to the State. He also attacked the proceedings of General Caillaud and others; and after expatiating on the enormities which the Reports had brought to light, he concluded by moving the following resolutions:--"1. That all acquisitions made under the influence of a military force, or by treaty with foreign Princes, do of right belong to the State. 2. That to appropriate acquisitions so made to the private emolument of persons entrusted with any civil or military power of the State, is illegal. 3. That very great sums of money and other valuable property have been acquired in Bengal, from Princes and others of that country, by persons entrusted with the military and civil powers of the State, by means of such powers, which sums of money and valuable property have been appropriated to the private use of such persons."

Colonel Burgoyne intimated to the House that, if these resolutions met with their approbation, he would not stop there, but would follow them up with vigour; and that his object was to compel such as had acquired sums of money in the way alluded to, to make full and complete restitution to the public.

The motion was seconded by Sir William Meredith; who said that there were only two possible ways to bring about a reformation in the East Indies,--the one by law, the other by example. That as to law, he could not comprehend how it was practicable to enforce laws made at such a distance: that the constitution of the present government of Bengal was defined to be a union of the sovereign and merchant; and that Mr. Vansittart explained what was the law by which these merchant-sovereigns exercised their supreme power: their rule of selling was to take as much as they pleased, while the rule by which they bought was to pay as little as they pleased. That the evils complained of were to be corrected not by law only, but by example; and deplored the stain brought upon the British name by the transactions which the Reports before the House disclosed.

Mr. Wedderburn answered, at considerable length, the principal assertions of the speakers that preceded him; and showed the incompetency of the evidence on which some of the facts rested, and the erroneous and unjust conclusions that had been drawn from others, so far as concerned Lord Clive. As to the forgery of Admiral Watson's name to the treaty with Omichund (he continued), it would be needless to analyse it, because the noble Lord has declared that, had it been necessary, he himself readily would have done it, and certainly done right in politics, to take that or any other means to destroy in an enemy so great a tyrant. He concluded by saying, that the resolutions before the House were founded in envy and illiberal principles; they were narrow, pointed at individuals, and neglecting future reformation, which ought to be the grand object of the inquiry; and above all, that there was in the Reports an indecision and defect of evidence that must render every thing done on their authority arbitrary and illegal. Mr. Attorney-General Thurlow defended the resolutions, and answered Mr. Wedderburn's speech.

In the course of the debate Lord Clive rose, and defended himself with great dignity and force. He pointed out the mistakes in matters of fact in the Reports, and in the speeches founded on them. He took a review of his own public life and services, and especially of that part of them that had been brought into question. He claimed the rewards and the honours bestowed on him as justly his due; lamented the abuse that had been made of the public press, and the mode resorted to of slandering the character of all orders of men without distinction: that for his part, he had been called villain, scoundrel, thief, murderer, assassin, &c.; but that he need not complain, as even Majesty itself had not escaped this implacable fury. What he regretted was the cause of virtue and public spirit, which must inevitably suffer, if this abuse was permitted to go unpunished; since the greatest inducement to men of superior talent to stand forth and distinguish themselves in their country's cause, was the hope of fair fame and just applause. Having explained the circumstances of the revolution, so far as he was concerned, and defended the legality of all the presents he had received, both in point of law and of justice, and alluded to the honours he had received for the very acts now questioned, he concluded by saying, "If the record of my services at the India House, if the defence I have twice made in this House, and if the approbation I have already met with, is not an answer to the attack that has been made upon me, I certainly can make none."

The two first resolutions passed without a division; and the third was also carried, though after some opposition.

Encouraged by this success, Colonel Burgoyne, on the 17th of May, prepared to bring home these general propositions to the individuals concerned; and, in the first place, pointed his charges against Lord Clive. He began by making some remarks on the invidious situation in which he was placed by the conscientious discharge of his duty. "The task of a public accuser was never a pleasing, but was sometimes a necessary one. Envy and malignity were the vices of little minds, and he disclaimed them. The House, in its movements, had only followed the cry of the public. Instances of rapacity and injustice had occurred in our Eastern possessions, that were known to all the world; an inordinate desire of wealth had had full play, and had led to transactions which had stigmatised those immediately concerned in them, and affected even the British name. That it was the duty of the House, as guardians of the nation's honour, to apply a remedy; and as the vice had been general, so must the punishment. It was a case in which no partial or limited censure would suffice to remove the evil, or to wipe off the stain from the country. The whole system on which the agents in the various revolutions had been remunerated, or rather had remunerated themselves, was most exceptionable and illegal. The first principle that he would lay down was, that it was impossible that any civil or military servant, in treating with a foreign Prince or State, could lawfully bargain for, or acquire, property for himself. This principle had uniformly been departed from in all the transactions which had been laid before the House. It would be necessary to point out who the persons were who had so acquired property, and the particular circumstances under which it had been acquired. Death had removed some of these persons, and their case would therefore be a matter of future consideration. That it was proper to consider the state of India at the time when the money was received. A mighty change had just taken place in that country, and in the Company's affairs. In the year 1757, when the English ascendancy was established, the Company was raised, as by the power of magic, from the situation of merchants to that of sovereign Princes, and, in their delirium, they at once forgot their charters; while their servants, become ministers, and rulers of the Governors of provinces and Princes, looked with contempt on the slow returns of trade and merchandise, since they saw before them a shorter and surer way to opulence. What was the consequence? The power thus placed in their hands was not tenderly employed. Revolution followed revolution; and, at each successive change, the treasures of the Prince were lavished to glut the rapacity of the agents by whom it was effected. At last, when the whole treasures of the Princes were exhausted, they did not stop short, but took possession of the country itself, at the same time that they retained the name of the puppet whom they set up, only to confound all ideas of right and justice. In the revolution of 1757, effected by Lord Clive, great stress had been laid on its necessity; but every succeeding revolution had been sustained on the same ground,--a ground that never would be wanting. It appeared that, by the treaty with Sujah-u-Dowlah, the Company were confirmed in all the privileges they had formerly enjoyed; the Company had their factories restored; and to individuals who had suffered, a compensation was made. Surely, in such circumstances, the Nabob had a right to expect to be able to preserve a state of neutrality among the different nations who had factories in his dominions; yet, on the breaking out of the war with France, it was thought proper to violate the treaty just concluded, by attacking Chandernagore. The Select Committee were not unanimous on this point. Becher was for neutrality, Drake had no opinion at all. The violent counsels of Clive prevailed. It was argued, that having gone so far we must go farther; that having established ourselves by force, we had made the Nabob our enemy, and that in consequence he must always be ready to join our enemies; and some circumstances of his conduct, said to indicate a hostile feeling, were pointed out. But, in fact, when we broke with him, and hurled him from his high eminence, Suraj-u-Dowlah had been guilty of no overt act of hostility; all that was alleged, were various suspicions that he _meant_ to break the treaty." He detailed the circumstances attending the deposition of Meer Jaffier; the various sums received by Lord Clive, amounting to 2,080,000 rupees, or 234,000_l._ sterling; and contended that they were received contrary to justice and right.

He acknowledged that, in the Dutch affair, Lord Clive had shown perfect magnanimity and disinterestedness.

"Soon after this first revolution was effected, the fortunes of those concerned in it being made, we had an importation of Nabobs,--a circumstance which only whetted the rapacity of those who were still on the scene of action. There were now new men, a new Council to be satisfied, and the principles of the revolution of 1757 were not forgotten. It was discovered that there was a necessity for another revolution; and accordingly, in 1760, Meer Cossim was placed in the seat of Meer Jaffier. But Cossim was an able tyrant, who was soon found to be too intelligent to serve the purpose of a mere tool, and it became necessary to restore Jaffier. With Cossim, indeed, there was no stipulation for rewards. Mr. Vansittart was then Governor. Twenty lacs of rupees were offered to the Council for their favour and countenance. But no; the Company's servants put by them the proffered treasure, as Cæsar put by the crown. The Nabob was, however, given to understand, that after their masters the Company were satisfied, the servants would have no objection to receive what was offered. It was difficult to treat seriously this mighty difference between taking money before and after a treaty. The consequences are but too obvious, and amount to the same thing.

"In the case of the Nabob Najm-Dowlah which followed, the succession was a regular one, and the deputation which was sent on the occasion, headed by Mr. John Johnstone, acted with fidelity in establishing the proper heir; but they improved a regular accession to the purpose of a revolution, and enriched themselves and the other Members of the Council by presents and donations received in the course of this common discharge of an ordinary duty. "I won't," said he, "colour and conceal the conduct of the Council. They are unjustifiable. They knew of the existence of the covenants prohibiting them from receiving presents, at the very time when they bargained for and received them. I have no acquaintance with any of them. I owe them neither partiality nor grudge. I am, indeed, happy and proud to be esteemed the friend of Governor Johnstone, the relative of one whose name has been mixed in these transactions; but that has no influence on my judgment. At the same time it is not possible to overlook the mode in which evidence was procured in India, on this last subject, under the influence of Lord Clive, by persecution not to be equalled in Portugal. The witnesses were brought up under military guard: little pains were taken to contradict facts, when they were known to be false. The result of these inquiries is embodied in the infamous letter of September, 1765[194], a composition which disgraces the ablest pen by the direction in which it was employed.

"Into the question relating to the money received from the Begum[195] I shall not enter, as the Report is not yet on the table. But from the documents before the House, it will appear that the total amount of the presents and donations received by Lord Clive was 2,000,000 of rupees, exclusive of the jaghire. My object is, that restitution of this sum should be made to the Company and the sufferers. If any man can say that these sums were received according to the correct definition of presents, I shall be exceedingly surprized. Such is not the light in which I hold them.

"Let it be remembered, that the revolution of 1757 was the foundation and the model of all the subsequent revolutions. Our vindictive justice must go back to the origin of the evil. It is in many mouths, the hardship of taking up a subject after such a time, and of wresting from a man a fortune valiantly obtained and generously dispensed. If time is to sanctify such offences, we should bring in a statute of limitation of robbery. Let it not be said, that the magnitude of the offence, and the wealth and dignity of the offender, are to be deemed a sufficient justification.

"No public notice was given to the Company of the receipt of these sums. But it is said that there is no instance of reporting to the Company private donations, though they were always understood to be received; and it is said that Lord Clive's were known to the Court. If so, I shall be glad to hear only a letter saying so.--But they acquiesced when they were known. That I deny. A Court of Proprietors passed, in 1760, a positive order to institute a minute inquiry about these presents. It is said that he had rendered great and important services to the Company and his country. No doubt, services should be duly weighed, and national rewards bestowed on national services, and that amply. I wish to see the names of Lawrence, Draper, Monson, and of many other eminent men, who have rescued us from more than _Indian_ armies, honoured with due estimation; and far be it from me to deny to Lord Clive the meed of praise that is due to him. But in coming to a judgment on the grave and serious charges now before the House, all partiality and all prejudice in a man's favour should be laid aside: an act of national justice is called for; it is not to be influenced by wealth or connections, and will be given if a particle of that vital fire that first invigorated this constitution still remains. Imitate the first example of antiquity, and strike, like Manlius, when the justice of the State requires it.

"I wish not to plunder or impoverish Lord Clive, or the subjects of this motion. I am willing they should remain in possession of such rewards as a generous State would give. What I ask is, a Bill for the satisfaction of sufferers out of the private estates of persons who received sums of money unwarrantably. Such satisfaction ought to be made to the Company, and applied to the discharge of their debts. Leave something to them of their overgrown fortunes, but let it be upon European principles; let it be arranged on the principles of the better times of our history. Where were jaghires and private donations in the time of King William, to whom our liberties owe so much? In the Act to be passed, let the monies go, as they should originally have done, to the State. I have no desire, no wish, that after satisfaction has been made, any odium should remain against the accused. I have offered them an opportunity of bringing their characters from under the cloud which has surrounded them, and of justifying themselves to the world." He concluded by moving, "That it appears to this House, that the Right Hon. Robert Lord Clive, Baron of Plassey in the kingdom of Ireland, about the time of the deposition of Suraj-u-Dowlah, and the establishment of Meer Jaffier on the musmud, through the influence of the powers with which he was entrusted as a member of the Select Committee and Commander-in-chief of the British forces, did obtain and possess himself of 2 lacs of rupees as Commander-in-chief, a farther sum of 2 lacs and 80,000 rupees as member of the Select Committee, and a farther sum of 16 lacs or more under the denomination of a private donation; which sums, amounting together to 20 lacs and 80,000 rupees, were of the value, in English money, of 234,000_l._; and that, in so doing, the said Robert Lord Clive abused the power with which he was entrusted, to the evil example of the servants of the public, and to the dishonour and detriment of the State."[196]

These resolutions were seconded by Sir Wm. Meredith, who combated the notion of the supposed hardship of bringing up such charges, after a period of sixteen years, and contended that length of time could not improve the title to wealth so acquired. As to presents, he denied that covenants alone made the receiving of them a crime, or that where there were no covenants they were legal: that it had been found, indeed, that presents had been taken, after the receipt of the covenants, by Mr. Johnstone and others, in circumstances which had been investigated and published by Lord Clive; but that it did not appear that the ill-blood excited by such disclosure had had the slightest influence on the conduct of his brother, the Governor, who had carried on the investigation before the Committee with perfect exactness: that it could not be overlooked, that the evidence against that gentleman had been taken in a most illegal manner, the witnesses being under restraint: that Lord Clive's supposed generosity in not plundering Moorshedabad was nugatory; that he entered it not as a conqueror, but as an ally: nor would the assertion, that there was no criminal intention in receiving the presents, acquit him; that would only affect the _extent_ of the consequences. Colonel Burgoyne's original motion was to be kept in mind, and that he was content to leave him all that his merit deserved. Others had fought against European enemies, he against wretched Indians,--a circumstance not to be forgotten in estimating the comparative merit of officers.

Mr. Wedderburn (then Solicitor-General) strenuously opposed the motion. He said that the House was in danger of being led blindly and inconsiderately, from misdirected feelings, to commit a grand injustice towards one of the most illustrious men of his country. With respect to presents, on which the burthen of the accusation lay, he argued, that there were some, indeed many, situations, wherein the receipt of presents was justifiable upon every principle of disinterested integrity: and such, he contended, they were in the present instance, where a great capital had been saved from the horrors of pillage, or military contribution; and where signal services had been rendered to a sovereign Prince, who had adopted only the ordinary means of showing his gratitude: they were justifiable both from the extraordinary circumstances of the case, and from the known customs and usages of the country. He largely expatiated on the deep obligations under which the nation lay to Lord Clive; and affirmed, that for the Parliament to accuse a man of delinquency, upon the necessarily partial report of a Select Committee, would be to accuse him without competent evidence, and to be guilty of an act of flagrant injustice.

Mr. Richard Fuller, one of the Committee, took a similar view of the case; and while he doubted the competency of the kind of evidence, declared that the latter part of the Committee's report was undoubtedly not true.

Lord North said that he was determined to attend to every part of the evidence, and to judge of its effect; that any abuse of public authority was of pernicious example; and that the glory which surrounded such presents, did not, if they were illegal, render them less culpable. The high example would in its effects be only the more pernicious;--"Jupiter hoc faxit; ego homuncio non faciam."

Lord Clive, in the course of the debate, made a long defence of his conduct[197]: "Sir, after rendering my country the service which I think I may, without any degree of vanity, claim the merit of; and after having nearly exhausted a life full of employment, for the public welfare and the particular benefit of the East India Company, I little thought that such transactions would have agitated the minds of my countrymen in proceedings like the present, tending to deprive me not only of my property and the fortune which I have fairly acquired, but of that which I hold more dear to me--my honour and reputation." He in the first place solicited the patient indulgence of the House, while he corrected some facts which had been erroneously stated. He then went through the reports of the Committees, on which the charges were founded, and examined the different passages that concerned him. He justified himself in regard to all his acts, civil and political; and maintained that his whole conduct had been not only open and undisguised, but perfectly legal, and above all blame. On the principal charges, he read extracts of the Nabob's letter to him as President of the Select Committee, of the Committee's letter to the Directors, and finally of the Directors' letter containing their full approbation of his proceedings. He entered minutely into the circumstances of each charge, and observed that, trained in the school of war and politics as he had been for twenty years, he was now improving in the school of philosophy, and, if patience was a virtue, he had no doubt of soon being very virtuous indeed. He said that the present charges arose out of the wretched state of the Company's affairs; the Directors and Government would willingly shift the blame from themselves. He enlarged on the misconduct of the Directors; and arraigned the unpardonable remissness of former administrations, in neglecting the affairs of India; that mismanagement abroad was founded on mismanagement at home. He pointed out the malevolence and artifice of his enemies, and the low and insidious means by which he had been assailed; that when he went out to India the last time, he had promised not to add a shilling to his fortune, directly or indirectly, and this engagement, he declared to God, he had religiously observed.

He complimented Lord North ironically on his vast abilities displayed in the bargain which he had driven with the Company: that he was the lion, the Company the jackal, or lion's provider: that he had already seized on three quarters of its prey; and no doubt the lion, next time that it returned hungry to its den, would seize the remaining quarter also. That he stood there an independent man, and would give Government every honourable assistance, where he thought them right; but further he would not go: that as to the Company, he lamented their situation: they had been long tampered with by quacks till, reduced to an absolute consumption, they had thrown themselves on Parliament, the only physician who could effect a cure. He said, that for two years past the Directors had kept the affairs of the Company a secret, while they feasted at taverns, and employed a man[198], whom they allowed 400_l._ a year, to think for them: that meanwhile their expenses in India were increasing extravagantly beyond what they were when he left it. He complained that the malevolence employed against him, reduced him to the necessity of being the herald of his own fame. "I have served my country and the Company faithfully; and had it been my fortune to be employed by the Crown, I should not have been in the situation I am in at present; I should have been differently rewarded: no retrospect would have been had to sixteen years past, and I should not have been forced to plead for what is dearer than life--my reputation. My situation, Sir, has not been an easy one for these twelve months past; and though my conscience never could accuse me, yet I felt for my friends, who were involved in the same censure as myself. Sir, not a stone has been left unturned, where the least probability could arise of discovering something of a criminal nature against me. The two Committees, Sir, seem to have bent the whole of their inquiries to the conduct of their humble servant, the Baron of Plassey, and I have been examined by the Select Committee more like a sheep-stealer than a member of this House. I am sure, Sir, if I had any sore places about me, they would have been found; they have probed to the bottom: no lenient plasters have been applied to heal: no, Sir, they were all of the blister kind, prepared with Spanish flies and other provocatives. The public records have been ransacked for proofs against me; and the late Deputy Chairman of the India Company, a worthy member of this House, has been very assiduous, indeed so assiduous in my affairs, that really, Sir, it appears that he has entirely neglected his own. As for punishments, which have been spoken of as necessary, I have a plan to propose which I think may be of great use. The three Jacobite heads which were lately upon Temple Bar have tumbled down, but the poles remain; and as there is no probability of the heads being replaced, for Jacobitism seems at an end, (at least some people have strangely altered their opinions of late years,) there can be no farther occasion for them on that score: now, I would propose that the heads of three East Indians be stuck up in their stead, _in terrorem_, and that my head, by way of pre-eminence, be put in the middle; and as his Majesty has given me a title to supporters, I cannot pitch upon more proper ones than the heads of the late Chairman and Deputy to be placed one on each side, on the other two poles."

He next examined the regulations proposed by Ministers for India, and the measures of the Directors; and asserted that they had improvidently, in a country peculiarly liable to temptation, abolished all the lawful rewards of the service, and left the country at the mercy of a handful of boys. He proceeded to examine the question of presents. He had always recommended, approved of, and enforced the covenants against them. He considered these covenants as indispensable in the present state of the country, when we were its rulers; but even then, to render them efficient, the public servants must have within their view the prospect of an honourable and attainable independence. Wealth and weakness can never safely be placed beside poverty and power. As for presents in themselves, he was firmly of opinion that, in honourable cases, it was not improper to receive them: that they were only improper in dishonourable cases: that presents had been allowed to be received from the earliest days of the Company; they had been received uninterruptedly for the space of a hundred and fifty years, and by men who sat in the Direction; they were a lawful part of the social system of the East. "In the early part of my life," he continued, "my labours were without emolument or laurels; and I hope the House cannot think that I ought not to be rewarded for my services to my country in the latter part of it. When I was first employed by the Company, their affairs abroad were in a condition much to be lamented. Misfortunes attended them in every part of their settlements, and the Nabobs looked with a jealous eye upon the small privileges and possessions they then enjoyed; though small, in danger everyday of being wrested from them. Their fears and weakness were surrounded by dangers on every side. In this critical situation it pleased God to make me the instrument of their deliverance." He drew a rapid and bold sketch of his transactions in India, in particular of his proceedings in regard to Suraj-u-Dowlah and Omichund: he asserted that the former was dethroned for his breach of faith, and as a necessary and lawful measure of self defence; that the latter was only entangled in the toils of intrigue and treachery woven by himself: that Admiral Watson expressed his thorough approbation of the proceedings in the revolution, and the means by which it was obtained; and he read the letter signed by him in conjunction with the Committee to that effect: that, great as his fortune was, it bore no proportion to what he might have made it: that not a sixpence was received from the inhabitants of Moorshedabad, who came to offer contributions to deliver them from being plundered by a victorious army: that his jaghire was not received in 1757, at the time of the revolution, as had been erroneously represented; it was not received till 1759, two years after. He described his attack on the Dutch armament, which he destroyed, as well as their army, and that at a time when most of his property was in the hands of the Dutch Company; a fact that showed no want of zeal for the honour and interest of the service, even at the imminent risk of ruin to his own fortune. He enumerated the marks of honour which he had received: he read the letters of the Court of Directors in approbation of the revolution, and of his conduct in it. "These, Sir," he exclaimed, "are surely sufficient certificates of my behaviour, and of the proceedings of that revolution; and, whatever the House may think of them, will remain an everlasting approbation of my conduct from those persons who alone employed me, and whose servant I was. A late Minister (Lord Chatham), whose abilities have been an honour to his country, and whom this House will ever revere, will, I am sure, come to your bar, and not only tell you how highly he thought of my services at the time, but also what his opinion is now."

He adverted to his second government, undertaken at the express desire of the Company; the toils and difficulties he had to encounter, and which he overcame; and the thanks and congratulations solemnly lavished upon him, in a special audience appointed for the express purpose, at Leadenhall Street, on his return. "These, Sir," said he, "were circumstances, certainly, that gave me a full satisfaction, and a ground to think that my conduct in every instance was approved of. After such certificates as these, Sir, am I to be brought here like a criminal, and the very best parts of my conduct construed into crimes against the state? Is this the reward that is now held out to persons who have performed such important services to their country? If it is, Sir, the future consequences that will attend the execution of any important trust committed to the persons who have the care of it, will be fatal indeed; and I am sure the Noble Lord upon the Treasury Bench, whose great humanity I revere, would never have consented to the resolution that passed the other night, if he had thought on the dreadful consequences that would attend them. Sir, I cannot say that I either sit or rest easy when I find, by that extensive resolution, that all I have in the world is confiscated, and that no one will take my security for a shilling. These, Sir, are dreadful apprehensions to remain under; and I cannot look upon myself but as a bankrupt. I have not any thing left that I can call my own, except my paternal fortune of 500_l._ per annum, and which has been in the family for ages past. But upon this I am content to live; and perhaps I shall find more real content of mind and happiness than in the trembling affluence of an unsettled fortune. But, Sir, I must make one more observation,--that if the definition of the honourable gentleman (Colonel Burgoyne) and of this House, that the state, as expressed in these resolutions, is, _quoad hoc_, the Company, then, Sir, every farthing I enjoy is granted to me. But to be called upon, after sixteen years have elapsed, to account for my conduct in this manner, and, after an uninterrupted enjoyment of my property, to be questioned, and considered as obtaining it unwarrantably, is hard indeed! and a treatment I should not think the British Senate capable of. But, if such should be the case, I have a conscious innocence within me that tells me my conduct is irreproachable. _Frangas, non flectes._ My enemies may take from me what I have; they may, as they think, make me poor, but I will be happy! I mean not this as my defence, though I have done for the present. My defence will be heard at that bar; but, before I sit down, I have one request to make to the House,--that, when they come to decide upon my honour, they will not forget their own."

After some debate, the farther consideration of the motion was deferred, and it was ordered that evidence should be heard at the bar.

On the 21st of May, on the motion of Colonel Burgoyne, certain witnesses were examined. Lord Clive's evidence before the Committee was read; on which his Lordship made a short speech, concluding with the words, "Take my fortune, but save my honour," and immediately retired from the House.

The three propositions which had been carried by Colonel Burgoyne, on the 10th of May, though plainly, and by direct inference, affecting, and even aimed at, Lord Clive, had, however, been couched in loose general terms. Certain principles being given, and the existence of some abuses not disputed, certain consequences inevitably followed. The House was sensible, from the Reports, and from other sources, that great enormities had been committed in India; and, desirous to show its disapprobation and censure, willingly suffered itself to be led to acquiesce in these resolutions. But when, leaving generalities, Colonel Burgoyne called upon them to mark an individual as being concerned in, and indeed as the guilty leader in these offences, the ground was changed. They were brought back from generalities to special facts and to individuals, and found the necessity of proceeding cautiously in their conclusions. The generous feelings which in the one case had combated in favour of the motions, were now silent, or even enlisted on the side of the accused. A careful and cautious examination of facts and of character was necessary; and inquiry showed that the evidence was loose and defective, for the most part _exparte_, and often depending on circumstances of time, country, or situation that changed its nature. The man attacked was one of the most illustrious of his age, who by his exalted talents had raised himself, early in life, to the highest rank in his nation; whose gallant deeds in the field of battle every Englishman had admired and gloried in; who had retrieved the falling fortunes of his country, and, by his military achievements and his political talents, had added to its dominion a large empire, one of the richest in the world, which that country had not thrown from her with disdain, as gained by illegal or unjustifiable means, but cherished as one of her noblest possessions, the richest jewel in the British crown; that wealth which he had gained, he had enjoyed with honour and dignity, unchallenged for sixteen years, though now it was to be wrenched from him by the application of rules which had no existence in the country in which it was acquired. Doubts began to arise, whether a grand injustice was not about to be inflicted by England on one of the greatest and noblest of her sons: the circumstances of personal excitement under which the evidence had been collected could not be overlooked; and the more carefully the application of that evidence was made to the case, on the principles of general justice and universal policy, the more did it appear that there was a danger of making the British Parliament the instrument of flagrant injustice and ingratitude.

When the question itself came on, and the direct charges brought against Lord Clive were before the House, Mr. Stanley moved that the words, "And in so doing, the said Robert Lord Clive abused the powers with which he was intrusted, to the evil example of the servants of the public, and to the dishonour and detriment of the State," should be omitted; and was seconded by Mr. Richard Fuller, who carried his amendment farther back into the body of the motion, and proposed that the words, "through the influence of the powers with which he was intrusted, as a Member of the Select Committee, and Commander-in-chief of the British forces," should also be omitted. A very warm and long debate ensued between those who supported the original motion, and those who were in favour of the amendment, expressive of mere undisputed facts, which left the motion in this form: "That it appears to this House, that the Right Honourable Robert Lord Clive, Baron of Plassey in the kingdom of Ireland, about the time of the deposition of Suraj-u-Dowlah, and the establishment of Meer Jaffier on the musnud, did obtain and possess himself of 2 lacs of rupees as Commander-in-chief, a further sum of 2 lacs and 80,000 rupees as Member of the Select Committee, and a further sum of 16 lacs or more under the denomination of a private donation; which sums, amounting together to 20 lacs and 80,000 rupees, were of the value, in English money, of 234,000_l._" And the motion, in this form, was finally carried, on a division of 155 to 95.[199]

It was then moved, "That Lord Clive did, in so doing, abuse the powers with which he was intrusted, to the evil example of the servants of the public;" but the motion was rejected without a division.

A motion was finally made, about five in the morning, "That Robert Lord Clive did, at the same time, render great and meritorious services to his country;" which passed unanimously.[200]

Such was the termination of these Parliamentary proceedings, so far as regarded Lord Clive. It may be proper to remark, that in the meanwhile various bills regarding India affairs were pushed forward. The plan proposed and carried through by the Government, at that important crisis, though it was intended to be a final settlement of the constitution of the Company's government, and though it contained many changes, and some very beneficial regulations, was still only a palliative. A loan of 1,400,000_l._ was granted to relieve the Company from their immediate difficulties; the Company's dividend being restrained to 6 per cent. until it was repaid, and to 7 per cent. until their bond debt was reduced to 1,500,000_l._ The public was not to participate in the profits of the Company till this latter event, when three fourths of the net surplus profits of the Company at home, above the sum of 8 per cent. on their capital stock, was to be paid into the Exchequer for the use of the public, the remaining fourth to be set aside for reducing the Company's debt, and other purposes specified: the territorial acquisitions to remain with the Company for six years more: the Court of Directors were in future to be elected for four years, six members going out annually: no Proprietor was to vote at the election who had not possessed his stock for twelve months, and the qualification was to be 1000_l._ instead of 500_l._: a new Court of Justice was established at Calcutta, consisting of a Chief Justice and three Puisne Judges; and a superiority given to the Presidency of Bengal over the others. The Council was to consist of a Governor-General and four Members, to be named in the first instance by Parliament; and, in pursuance of the act, Mr. Hastings was appointed Governor-General, with General Clavering, Colonel Monson, Mr. Barwell, and Mr. Francis in Council.