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+The Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A report of Major Hart's case, of rice-frauds, near Seringapatam
+
+Author: W. H. Inglis
+
+Release Date: August 26, 2010 [EBook #33536]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK MAJOR HART'S CASE OF RICE-FRAUDS ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+                                   A
+                                 REPORT
+                                   OF
+                           MAJOR HART'S CASE,
+                                   OF
+                              Rice-Frauds,
+                                  NEAR
+                             SERINGAPATAM,
+                             _WITH NOTES_;
+                                  AND
+                              AN APPENDIX,
+                               ADDRESSED
+                TO THE PROPRIETORS OF EAST-INDIA STOCK.
+
+                                   BY
+                              W. H. INGLIS,
+
+     AUTHOR OF THE ONLY REPORT NOT ANONYMOUS, OF MR. SHERSON's CASE
+               AND TRIAL AT MADRAS, ALSO FOR RICE-FRAUDS.
+
+
+                                LONDON:
+              PUBLISHED BY J. M. RICHARDSON, 23, CORNHILL,
+                    OPPOSITE THE ROYAL EXCHANGE; AND
+                        J. HATCHARD, PICCADILLY.
+
+                                 1818.
+
+
+
+                MARCHANT, Printer, Ingram-Court, London.
+
+
+
+
+                                   A
+                                REPORT,
+                               _&c. &c._
+
+
+Were any apology necessary for this Report, a sufficient one would be
+where Major Hart says, "When I add that Major-general Macaulay was my
+junior officer; that, in consequence of my dismission, he succeeded
+to the very regiment which, at this hour, I should have otherwise
+commanded, and became a general officer so much sooner by my dismission;
+I am satisfied that the Honourable Court (of Directors) will think his
+conduct a _most material_ feature in the future consideration of my
+case."--India-House-Papers, p. 362.
+
+Another instance of Major Hart's sinister attack is, where Major-general
+Macaulay has replied to it, saying, "There remains a farther slanderous
+insinuation of Major Hart's, that I think myself bound to notice. He has
+charged upon me, as a leading motive in the censure of his conduct, a
+settled design of placing myself in the command of the fortress of
+Palamcottah, and of the forces in the field in Tinnevelly, to his
+exclusion! This strange charge he more than once gave distinct hints of
+to myself. But he made it directly in the course of his last visit to
+me, in June 1815, when he behaved so coarsely. It will, I have little
+doubt, seem somewhat strange, even to your Lordship, (Harris, the
+commander-in-chief,) but so it is, that to this hour I do not know to
+whom I owe that command. _I not only never made application directly or
+indirectly for it, but the idea of applying for it never once entered my
+mind._--Papers, p. 388.
+
+But Major-general Macaulay scarce needed this reply, since it is Major
+Hart himself who can affirm his own error. The Major says, "I shall not
+however pretend to defend the act _acknowledged_ of my having carried to
+the field a quantity of private grain.[A] No, my Lord, (Harris,) most
+deeply and sensibly do I feel and deplore the _error_ of my
+conduct.--Papers, p. 352.
+
+    [A] It will be maintained in the body of this Report, that Major
+    Hart did never carry to the field a quantity of private grain.
+
+And yet, notwithstanding this _pretended_ acknowledgment of _real_
+error, it is the Board of Controul which, in order to allow Major Hart
+to hold private grain, must set aside the very regulation upon this
+subject. The 39th Regulation says, "it being the principle of the
+present system, by liberal and avowed allowances, to place this
+department upon so respectable a footing as to leave no temptation to
+seek for unauthorized advantages, the Commissary of Grain is not on any
+account, directly or indirectly, to derive any other advantage or
+emolument from this situation than the _salary_ fixed by Government. The
+strictest economy is, therefore, to be observed in every expense
+attending this department; and the disbursements and accounts of the
+Commissary are to be attested on honour, as prescribed in the forms
+annexed to these Regulations.--Papers, p. 17.
+
+And the mighty Board of Controul, besides allowing Major Hart to hold
+private grain, and therefore to reap the attendant profit on it _with
+perfect security_, next considers this both as _another question_ and as
+_not another question_. Thus the Board having said "whether he (Major
+Hart) ought to have derived any profit upon the original price of the
+rice, so in his possession, is another question," can yet add, "but
+_suppose he ought not_, when he[B] openly supplied it to our army,
+and was contented with much less (profit) than he might have obtained
+with perfect security, we cannot think it a crime of the blackest
+die.--Papers, p. 232.
+
+    [B] See in page 11, and query he or Captain Macleod; also
+    whether openly or covertly supplied, &c.
+
+The Board continues "this, and the circumstance of his silence, from the
+16th to the 22d of April, appear to us the only points of doubt in the
+whole case, and a conduct doubtful only on two such points does not, in
+our contemplation, warrant the sentence[C] that has been passed upon it,
+with the consequences to his fortune and honour to which it has led."
+Papers, p. 232.
+
+    [C] The propriety of Major Hart's dismission, after suspension
+    from the Company's service, is, perhaps, self-evident, and might
+    have been a ground of thanks; but who would have thanked the
+    Court of Directors for being now made to deem correct, what
+    formerly they were pleased to deem incorrect, viz. an Act of
+    Parliament, and the one cited on what are called the Mandamus
+    Papers!
+
+But, "in our contemplation" of this "whole case," there are yet to be
+noticed other two grand points of doubt. And first, as Lord Harris
+writes, "it was not the loss of rice in the department of the Commissary
+of Grain _alone_ that so seriously affected the general store of
+provision for the army, but," again, secondly, "that infinitely more
+extensive and entirely unexpected deficiency which was discovered, on
+the 16th of April, in the quantity carried by bullocks, hired in the
+Ceded Districts, under the authority of Lieutenant-Colonel Read, and of
+which Captain Macleod was in the general superintendance."
+
+Lord Harris explains, saying "Captain Macleod, to whom no report of
+material loss had been made by the carriers on the 3d of April, had, on
+the 5th, given me a report, of which a copy is enclosed, by which it
+appeared that rice, the property of government, sufficient for the
+consumption of 30,000 men, at half a seer per day, for six-and-thirty
+days, was then in camp, independently of nearly an equal quantity
+reported by the benjarries (bullock-owners) to be in their possession,
+and which they had been ordered to retain for the public service. No
+issues had been authorized from this stock, and the belief that it
+existed prevented my feeling any uneasiness on the subject of
+provisions, although I knew the amount in _Major Hart's_ charge was
+nearly expended. The measurement of the rice on the 15th of April, in
+the course of delivery (not by, observe, because) to Major Hart,
+produced the FIRST suspicion of this enormous deficiency, and the
+report of it, when ascertained the succeeding day, the consequent
+alarm." Papers, p. 75.
+
+Nor is Lord Harris here alluding towards the whole, but rather to the
+close of Captain Macleod's Report, where it is stated that "the private
+and public rice would feed 30,000 men for thirty-three (or, as Lord
+Harris says, thirty-six) days, exclusive of Major Hart's department. It
+is supposed Major Hart has 7000 bullock-loads, which would be ten seers
+each to 30,000 men. (Signed) William Macleod, Superintendant of
+Supplies." Papers, p. 82.
+
+From these several extracts we have now to gather, that if, on the 5th
+of April, Major Hart had ten seers each man, equal to ten days rice, at
+whole allowance, on the 15th he would have no bullock-loads, whatever,
+remaining "in his possession." Wherefore, from the 16th of April to the
+6th of May, (see in page. 17,) and, further, from this last date to the
+18th following, (see in page 18), the fraud on the rice, "then in
+camp," must have been, not only "exclusive of Major Hart's department,"
+but in that of Captain Macleod, from whose stock "no issues had been
+authorized." We have now to observe, that the real question becomes, not
+whether Major Hart could hold private as well as public grain? but,
+whether this could be done by Captain Macleod, and by him after his
+having returned in his report both classes of grain as "the property of
+government?" And we presume, once for all, on this nice point, that
+there will not be urged the existence of one sort of regulation for a
+Commissary of _Provisions_, as Captain Macleod is sometimes called, and
+another for a Commissiary of _Grain_, as Major Hart was always called.
+
+Contending that he ordered his private grain from Madras, less for
+the army than for his private followers of it, Major Hart would rest
+his order upon the affidavit of one of those followers, by name
+Sadashevah Moodiliar. But this dubash, or confidential servant, will
+herein-afterwards be shown, among other of Major Hart's head people,
+as tampering with Subidar Enom Beg, during the intervals of this native
+soldier's examination by the Committee of Inquiry.
+
+To proceed more particularly with Captain Macleod.--It was he who,
+having first disclosed to Major-General Macaulay, (the private instead
+of public secretary to Lord Harris,) that Major Hart had a quantity of
+private grain to dispose of, and who, next observing the surprise with
+which his communication was received, does, third, and finally, request
+Major-General Macaulay's "permission to inform Major Hart that he (Major
+Hart) must, _in future_, communicate directly with me (Major-General
+Macaulay) upon the subject." Major-General Macaulay subjoins, "to this I
+assented;" but elsewhere explains, that "with the exception of the
+conversation that took place with Captain Macleod, when he delivered the
+original message, I held no communication with Major Hart, but _by
+letter_." Papers, pp. 159 and 158.
+
+Relative, indeed, to Captain Macleod the Major-General thinks it
+equally right to explain, saying "Captain (now Colonel Macleod) well
+knows my sentiments of his character. Long as he has been in England, it
+has not happened to me _once to meet him_. But I retain my former
+respect for his integrity." Papers, p. 369.
+
+It was Captain Macleod who, having said "by this observation (_a slight
+of hand_ in receiving and issuing grain by measure), I do not mean _to
+attempt_ to screen the bullock-contractors;" and added, "who, I am
+persuaded, _in my own mind_, must have embezzled the greatest proportion
+of the quantity deficient;" yet does shortly afterwards release from
+arrest, at the sole desire of the bullock-contractors, of all other men,
+not indeed a _bullock_, but yet its tantamount, a _flock_ contractor,
+notwithstanding this, "one of the duffadars, Narnapah by name, was
+detected in having _concealed_ seventy bags of rice in the bazar of the
+Nizam's camp, for the purpose of being sold there;" and, for all that,
+such seventy bags "were, on _discovery_, removed from the Nizam's bazar
+to the grain depôt, near head-quarters." Papers, p. 79.
+
+It was once more Captain Macleod, who having said, "I impute the
+deficiencies, generally, to the corruption of Sechiram," yet does not
+confine or arrest this "security for all the contractors,[D] because his
+holding a jaghire from government, in the Baramahl was _supposed to be_
+a sufficient hold upon him," or hold, "which would put it _out of his
+power to elude_ any punishment or penalty that might afterwards be
+adjudged for his deception." Papers, p. 77.
+
+    [D] "Except those of Selum, who appear, by the accompanying
+    statement (part of Captain Macleod's often-mentioned Report,) to
+    have lost or embezzled the _smallest_ proportion."
+
+And such is the mode of reasoning subscribed to, rather than implicitly
+believed in, by Lord Harris, where his Lordship says, "of Captain
+Macleod's merits I have already had occasion to speak in terms of the
+highest praise,[E] and although placed at the head of those persons from
+whose misconduct the most serious mischief might have proceeded, and
+which did actually produce considerable inconvenience to the army, I
+hold it incumbent on me to declare that Captain Macleod is, _in no
+degree_, blamable for this unfortunate business," or business, "which
+_no means in his power to elude_ could possibly prevent." Papers, p. 75.
+
+    [E] It will be seen, in page 12, where Major-General Macaulay
+    has similarly written: "But I retain my former respect for his
+    integrity."
+
+We have said,--subscribed to, rather than implicitly believed
+in,--because Lord Harris pursues "the principal carriers and benjarries
+are now in the Baramahl, (the very place, observe, of Sechiram's
+jaghire,) and I recommend to the immediate attention of government such
+measures as it may appear proper to adopt for recovering from them the
+amount of rice embezzled, and punishing those chiefs of this class of
+men who stood forward in responsibility, and who certainly knew and
+connived at the disposal of the rice, _if they were not themselves the
+managers of the transaction_."
+
+We now trust to have amply shown why Lord Harris thought, 1st, that "it
+was not the loss of rice in the department of the Commissary of Grain
+alone, that so seriously affected the general store of provision for
+the army;[F] but, 2dly, that infinitely more extensive and entirely
+unexpected deficiency, which was discovered in the quantity carried
+by bullocks, hired in the Ceded Districts, under the authority of
+Lieutenant-Colonel Read, and of which _Captain Macleod_ was in the
+general superintendance.
+
+    [F] In the debate on the Mandamus Papers, a proprietor of stock
+    asks, "What did Lord Ellenborough say? Did he say, that what was
+    done was conclusive evidence of any bargain having been made, or
+    any price being charged? No; Lord Ellenborough said,--No; he is
+    ordered to enter it as an item of account; but that does not
+    give it the character of having been purchased for the public.
+    He acquiesces in the direction to enter it; but it ought to be
+    considered as if he had not so entered and as if it stood in its
+    original situation." But we must ask, what would Lord
+    Ellenborough have said, had his lordship been informed that the
+    fraud was not solely in Major Hart's grain, but, also, in that
+    of Captain Macleod, and who, _previously to the discovery of the
+    fraud_, had been ordered, by Lord Harris, to enter, that is, to
+    retain his benjarries, now called, private grain, for "the
+    _public_ service." Of Major Hart's grain, it can equally be
+    observed, that this had also been publicly returned in Captain
+    Macleod's Report, which Report has been stated to close thus:
+    "_it is supposed_ Major Hart has 7000 bullock-loads, which would
+    be ten seers each to 30,000 men. (Signed) William Macleod,
+    Superintendant of Supplies."
+
+Upon this second and last of our own two points of grand doubt, we shall
+offer some further extracts, by which it will be perceived that Major
+Hart's head people were ordered back to the Ceded Districts, in company
+with Captain Macleod's benjarries, that is, were ordered back to those
+Districts, not before, but immediately upon the discovery of the fraud,
+and, as it were, in consequence of it.
+
+Asked by the Committee of Inquiry, "under whose charge was your rice
+brought forward on the march, and placed at the ground of encampment?"
+Major Hart replies, "under head people employed by myself, whom I
+discharged and (though discharged, yet) sent to the Carnatic with
+_General Floyd's_ detachment." In like manner, Captain Macleod states,
+in one of his letters to government, that "Sechiram joined the army at
+Kellamungulum and remained with it till the march of _General Floyd's_
+division towards Caveriporam, when all the public and benjarries cattle,
+which had at that time survived the campaign, were sent from the army."
+Papers, p. 77. And under date of 18th April, Lord Harris having
+confirmed that "_Major-General Floyd_, with all the cavalry and three
+battalions of Native Infantry, marches to-morrow morning towards
+Caveriporam to meet Colonel Read, and escort his benjarries to camp,"
+explains that "their arrival is of the utmost consequence, as, on
+measuring our bags to ascertain the rice they really contained, they
+were found so much diminished, by loss or fraud, that eighteen days
+provisions for the fighting men, at half allowance, is all that remains
+in camp; our supplies must, therefore, arrive before the 6th of May, to
+save us from extreme distress." Papers, p. 49.
+
+Further beyond this coincidence, Captain Macleod's second of two
+reports, dated Seringapatam, 29th June, 1799, says, "N.B. The 9025
+mercals of rice remained in charge of Captain Macleod till Seringapatam
+was taken; no part of it was issued before the 18th May. E.E. (Signed)
+William Macleod, _late_ Superintendant of Supplies." Notwithstanding,
+then, the extreme distress of the army, as just mentioned by Lord
+Harris, we here find Captain Macleod admitting that he was a holder of
+three days grain for 30,000 men, at whole allowance, not before but
+after the 18th of May. Our inference is, what others have frequently
+drawn in this case, that there was always a plenty rather than ever any
+scarcity of grain.[G]
+
+    [G] N.B. One mercal is twelve seers.
+
+Finally, we are to produce Major Hart's dubash, the already mentioned
+Sadashevah Moodiliar, as tampering among other of Major Hart's head
+people, with Subidar Enom Beg, during the intervals of this native
+soldier's examination by the Committee of Inquiry.
+
+The Committee says, "from the very exact concurrence observed throughout
+the depositions of the maistries (carriers) and head owners, (of
+bullocks,) already examined, it appears that a further examination
+of persons of those descriptions will not tend to afford any new
+information on the subject under investigation; but as the native
+commissioned and non-commissioned officers of the details which were
+employed with the grain-department may, from their observation of the
+conduct of the maistries and bullock-owners during the service, be able
+to speak particularly to points connected therewith, the Committee call
+upon Subidar Enom Beg, of the first battalion of the 12th regiment of
+native infantry." Papers, p. 53.
+
+And having first disproved, in common with other guards during the
+march, the alleged irruptions of the enemy's horse, as counterpleaded
+by the benjarries, even in phalanx form, Subidar Enom Beg, "of his own
+accord," next informs the Committee, that, "about eleven o'clock in the
+forenoon of yesterday, the _head conicopoly_ of the grain-department, by
+name Dunnacody, accompanied by a tindall of lascars attached to the
+department, came to his tent and told him that he had been directed by
+MAJOR HART to inquire of him the names of the subidars and jemidars,
+also the number of havildars, naigues, and sepoys, which had been
+employed with the rice-department; that he (the subidar) told the
+conicopoly that two of the companies were in Seringapatam, and that the
+company from Major Tolfrey's battalion, in camp, consisted of such a
+number of havildars, naigues, and sepoys, together with his own name,
+and that of the jemidar, all of which the conicopoly took down, in
+writing, and then went away. That in about half an hour afterwards
+the conicopoly and tindall returned, and asked the subidar to come
+to Tumboo Naik, _one of the principal bullock-owners_ and a DUBASH,
+whom he supposed to be Major Hart's (Sadashevah Moodiliar, the
+affidavit-witness,) as they wished to speak to him, and to come without
+dressing himself. The subidar answered, 'that as he might be wanted for
+duty, he could not come without his commanding-officer's leave,' to
+which the conicopoly replied, 'that, as he would probably be sent for by
+the Committee sitting near the general's tent, he desired him to keep
+favour upon him,' and the subidar answered, 'he was in the Company's
+service and, if sent for, he should tell what he saw, and could not tell
+any lies.' That the subidar was then sent for by Major Tolfrey, and
+ordered to come to the Committee, which he did, and that having attended
+the Committee and been ordered by Colonel Muat (the President) to come
+again this morning, he was going to his lines when _one of the
+maistries_ meeting him upon the road, asked, 'what news at the
+Committee?' The subidar answered him, 'you have no right to inquire: I
+have been to the Committee on business which does not concern you; go
+about your business.'" Papers, pp. 55 and 56.
+
+We would observe upon this testimony of Enom Beg, that the
+affidavit-dubash of Major Hart, Sadashevah Moodiliar, who is wont to
+describe himself as "a writer in charge of the public servants in the
+grain-department," is not, in our opinion, so important a personage as
+Major Hart's head conicopoly Dunnacody, and this because the employment
+of a head conicopoly is much more _official_ than that of a dubash,
+however greatly any particular occasion, like the present, for instance,
+may render the latter's services desirable. But in India it would
+otherwise appear that the dubash is accounted by far the more important
+personage of the two, at least if we can judge from Mr. Sherson's trial
+at Madras, also for rice-frauds; for, on this trial Sir John Newbolt, as
+third of three Judges, was pleased to argue, saying, 'Audy Narrain, (the
+dubash of Mr. Sherson,) one of the persons offering the bribe, which is
+_almost tantamount_ to naming Mr. Sherson himself.' Even in this case of
+Major Hart there is what is not wholly dissimilar to bribery; namely,
+where the conicopoly replies, 'that as he (Enom Beg) would probably be
+sent for by the Committee sitting near the general's tent, he (the
+conicopoly) desired him to keep favour on him.' The frequent occurrence
+among native Indians of the word _lies_ is to be here regarded as an
+Anglo-Orientalism. It is to the probability of Enom Beg and his
+fellow-soldiers' testimonies over those of Major Hart and Captain
+Macleod's head people, that attention shall safely be paid.
+
+Relative to the benjarries and maistries of Captain Macleod, as well as
+to Major Hart's head people, we must differ from the Committee of
+Inquiry, where saying that "a _further_ examination of persons of those
+descriptions will not tend to afford any new information on the
+subject." Our cause of difference is, that neither Sadashevah and
+Dunnacody, nor Sechiram and Narnapah, were _ever_ examined by this
+Committee.
+
+Major-General Macaulay "cannot conceive, under the strong case which
+appears to be made out, how the government of this country and
+Parliament can, _with a due regard to character_, abstain from a
+revision of the whole question." Neither can we conceive how, in this
+respect,--not the government (of the Board of Controul and Court of
+Directors,) but--Parliament abstains.
+
+
+
+
+                               APPENDIX.
+
+               _To the Proprietors of East-India Stock._
+
+
+Major Hart, in his advertisement, (_Times_, 24th of April,) says "I
+fear that I shall have no alternative but to appeal against such daily
+slander to the laws of my country." In other words, he, who sought to
+fight a duel with Major-Gen. Macaulay, fears. And may he fear!
+
+But Major Hart dares not appeal to the laws of his country, were he even
+slandered after the _daily_ manner of his own advertisement. Major Hart
+is too old a soldier to have to learn, that
+
+  He who fights and runs away,
+  Lives to fight another day.
+
+Nor can Major Hart forget where Major-General Macaulay states,
+"Report--to which, however, I can scarce give credit--assigns this
+disgraceful production to the pen of a noted Barrister. Be that as it
+may, Major Hart stands fully (be this as it may, equally fully)
+responsible." Major-General Macaulay's _official_ statement is, "Major
+Hart addressed a letter to the Court of Directors, dated the 22d of last
+month: that libellous letter has not yet been printed, by order of the
+Court of Directors, for the use of the Proprietors; but Major Hart has
+thought fit to print and widely to send it into circulation. I am sorry
+that it is not inserted in the Papers respecting the _Mandamus_; the
+reason may be, that the Court of Directors, possibly viewing it in the
+light I do, could not have thought it proper to make themselves
+accessaries to the circulation of a defamatory document, unaccompanied
+by explanations from me. To that letter from Major Hart was appended a
+declaration, under the signature of three General Officers; Gen. Sir
+John Floyd (Bart. omitted), Lieut.-Gen. Brown, and Lieut.-Gen. Bridges,
+on what these officers are pleased to term _some important points
+connected with_ Major Hart's case. The words in Italics are so printed
+in the original."
+
+Proprietors!--Have you never heard of a "Review of _some important
+passages_ in the Administration of Sir George Barlow, Bart. by Charles
+Marsh, Esq. M.P.?" have you never heard that this "noted Barrister" is
+the probable author of an anonymous Report of Mr. Sherson's case, if not
+of his trial itself, or will you not hear your own Directors?
+
+"The two following Papers, _although private_, having already appeared
+in print, are here (the Records of the Company) inserted for the
+information of the Proprietors; but it _does not_ appear from (here) the
+Records of the Company, that they were ever (during 16 long years)
+_officially_ communicated to the Court of Directors." The two Papers
+are, "A Letter from the Right Hon. Henry Dundas to David Scott, Esq."
+a deceased Director; and an enclosure in the foregoing, signed "William
+Dundas," and "T. Wallace;" which last paper has actually been called
+by some _A Report of the Board of Controul_. On the other hand, the
+deceased Mr. David Scott's authority to correspond and correspondence do
+not appear.
+
+So, in Mr. Sherson's case, there has been published an unsigned or
+anonymous Report of it, by a Mr. Halhed, one of the clerks in the
+India-House, whose error "was not his first" of the kind, yet whose
+Report was ordered, it has confidently been asserted, by only some one
+or two of the whole Court of Directors. In Mr. Sherson's case again the
+Board of Controul has compelled the erasure, from a despatch of the
+Court of Directors, of a paragraph recommendatory of an investigation
+into the conduct (on this Mr. Sherson's trial) of no less a person than
+Sir Francis Macnaghten, the _second_ of three Judges, of whom the
+_third_ is almost as much concerned as Sir Francis himself.
+
+Nor let these parallels be thought to beg the question, since they might
+readily have been extended; and since Major Hart's case would prove
+itself in Courts of Law, whether by artful confessions, or by other and
+better description of testimony. Unhappily, however, the period for this
+is expired.
+
+                                                           W. H. INGLIS.
+  3, Mincing-lane.
+
+
+
+                                THE END.
+
+
+
+                           MARCHANT, Printer,
+                    Ingram-Court, Fenchurch-Street.
+
+
+
+
+    TRANSCRIBER'S NOTE: Footnotes have been moved from the middle
+    of the text to the end of the paragraph referring to those
+    footnotes. Apart from that, no other changes have been made
+    for this e-text version.
+
+
+
+
+
+End of the Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
+
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+  <head>
+    <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" />
+    <title>
+      The Project Gutenberg eBook of A report of Major Hart's case, of rice-frauds, near Seringapatam, by W. H. Inglis.
+    </title>
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+
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+
+<pre>
+
+The Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A report of Major Hart's case, of rice-frauds, near Seringapatam
+
+Author: W. H. Inglis
+
+Release Date: August 26, 2010 [EBook #33536]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK MAJOR HART'S CASE OF RICE-FRAUDS ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+</pre>
+
+
+
+<div class="trnote">
+<div class="blockquot"><p><b>TRANSCRIBER'S NOTE:</b> Footnotes have been
+moved from the middle to the end of the text. Apart from that,
+no other changes have been made for this HTML version.</p></div>
+</div>
+
+
+
+<h5>A</h5>
+<h1>REPORT</h1>
+<h5>OF</h5>
+<h2>MAJOR HART'S CASE,</h2>
+<h5>OF</h5>
+<h2>Rice-Frauds,</h2>
+<h5>NEAR</h5>
+<h3>SERINGAPATAM,</h3>
+
+<h4><i>WITH NOTES;</i><br />
+<small>AND</small><br />
+<big>AN APPENDIX,</big><br />
+<small>ADDRESSED</small><br />
+TO THE PROPRIETORS OF EAST-INDIA STOCK.</h4>
+
+<hr style="width: 15%;" />
+<h4>BY</h4>
+<h2>W. H. INGLIS,</h2>
+
+<h5>AUTHOR OF THE ONLY REPORT NOT ANONYMOUS, OF MR. SHERSON's<br />
+CASE AND TRIAL AT MADRAS, ALSO FOR RICE-FRAUDS.</h5>
+<hr style="width: 15%;" />
+
+
+<h3>LONDON:</h3>
+
+<h4>PUBLISHED BY J. M. RICHARDSON, 23, CORNHILL,<br />
+OPPOSITE THE ROYAL EXCHANGE; AND<br />
+J. HATCHARD, PICCADILLY.</h4>
+
+<h3>1818.</h3>
+
+
+
+<hr style="width: 65%;" />
+<h4><span class="smcap">Marchant</span>, Printer, Ingram-Court, London.</h4>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_3" id="Page_3">[Pg 3]</a></span></p>
+<h2><a name="A" id="A"></a>A<br />
+REPORT,<br /><br />
+
+<small><i>&amp;c.</i> <i>&amp;c.</i></small></h2>
+
+
+<p>Were any apology necessary for this
+Report, a sufficient one would be where Major
+Hart says, "When I add that Major-general
+Macaulay was my junior officer; that, in consequence
+of my dismission, he succeeded to the
+very regiment which, at this hour, I should have
+otherwise commanded, and became a general
+officer so much sooner by my dismission; I am
+satisfied that the Honourable Court (of Directors)
+will think his conduct a <i>most material</i>
+feature in the future consideration of my case."&mdash;India-House-Papers,
+p. 362.<span class='pagenum'><a name="Page_4" id="Page_4">[Pg 4]</a></span></p>
+
+<p>Another instance of Major Hart's sinister
+attack is, where Major-general Macaulay has
+replied to it, saying, "There remains a
+farther slanderous insinuation of Major Hart's,
+that I think myself bound to notice. He has
+charged upon me, as a leading motive in the censure
+of his conduct, a settled design of placing
+myself in the command of the fortress of Palamcottah,
+and of the forces in the field in Tinnevelly,
+to his exclusion! This strange charge
+he more than once gave distinct hints of to myself.
+But he made it directly in the course of
+his last visit to me, in June 1815, when he behaved
+so coarsely. It will, I have little doubt,
+seem somewhat strange, even to your Lordship,
+(Harris, the commander-in-chief,) but so it is,
+that to this hour I do not know to whom I owe
+that command. <i>I not only never made application
+directly or indirectly for it, but the idea of
+applying for it never once entered my mind.</i>&mdash;Papers,
+p. 388.</p>
+
+<p>But Major-general Macaulay scarce needed
+this reply, since it is Major Hart himself who
+can affirm his own error. The Major says,
+<span class='pagenum'><a name="Page_5" id="Page_5">[Pg 5]</a></span>
+"I shall not however pretend to defend the act
+<i>acknowledged</i> of my having carried to the field a
+quantity of private grain.<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">[A]</a> No, my Lord,
+(Harris,) most deeply and sensibly do I feel
+and deplore the <i>error</i> of my conduct.&mdash;Papers,
+p. 352.</p>
+
+<p>And yet, notwithstanding this <i>pretended</i> acknowledgment
+of <i>real</i> error, it is the Board of
+Controul which, in order to allow Major Hart
+to hold private grain, must set aside the very
+regulation upon this subject. The 39th Regulation
+says, "it being the principle of the present
+system, by liberal and avowed allowances,
+to place this department upon so respectable a
+footing as to leave no temptation to seek for
+unauthorized advantages, the Commissary of
+Grain is not on any account, directly or indirectly,
+to derive any other advantage or emolument
+from this situation than the <i>salary</i> fixed by
+Government. The strictest economy is, therefore,
+<span class='pagenum'><a name="Page_6" id="Page_6">[Pg 6]</a></span>
+to be observed in every expense attending
+this department; and the disbursements and
+accounts of the Commissary are to be attested
+on honour, as prescribed in the forms annexed
+to these Regulations.&mdash;Papers, p. 17.</p>
+
+<p>And the mighty Board of Controul, besides
+allowing Major Hart to hold private grain, and
+therefore to reap the attendant profit on it <i>with
+perfect security</i>, next considers this both as <i>another
+question</i> and as <i>not another question</i>. Thus
+the Board having said "whether he (Major
+Hart) ought to have derived any profit upon the
+original price of the rice, so in his possession,
+is another question," can yet add, "but <i>suppose
+he ought not</i>, when he<a name="FNanchor_B_2" id="FNanchor_B_2"></a><a href="#Footnote_B_2" class="fnanchor">[B]</a> openly supplied it to
+our army, and was contented with much less
+(profit) than he might have obtained with perfect
+security, we cannot think it a crime of the
+blackest die.&mdash;Papers, p. 232.</p>
+
+<p>The Board continues "this, and the circumstance
+of his silence, from the 16th to the
+<span class='pagenum'><a name="Page_7" id="Page_7">[Pg 7]</a></span>
+22d of April, appear to us the only points of
+doubt in the whole case, and a conduct doubtful
+only on two such points does not, in our
+contemplation, warrant the sentence<a name="FNanchor_C_3" id="FNanchor_C_3"></a><a href="#Footnote_C_3" class="fnanchor">[C]</a>
+that has been passed upon it, with the consequences to
+his fortune and honour to which it has led."
+Papers, p. 232.</p>
+
+<p>But, "in our contemplation" of this "whole
+case," there are yet to be noticed other two
+grand points of doubt. And first, as Lord
+Harris writes, "it was not the loss of rice in
+the department of the Commissary of Grain
+<i>alone</i> that so seriously affected the general
+store of provision for the army, but," again,
+secondly, "that infinitely more extensive and
+entirely unexpected deficiency which was discovered,
+on the 16th of April, in the quantity
+<span class='pagenum'><a name="Page_8" id="Page_8">[Pg 8]</a></span>
+carried by bullocks, hired in the Ceded
+Districts, under the authority of Lieutenant-Colonel
+Read, and of which Captain Macleod
+was in the general superintendance."</p>
+
+<p>Lord Harris explains, saying "Captain
+Macleod, to whom no report of material loss
+had been made by the carriers on the 3d of
+April, had, on the 5th, given me a report, of
+which a copy is enclosed, by which it appeared
+that rice, the property of government, sufficient
+for the consumption of 30,000 men, at
+half a seer per day, for six-and-thirty days,
+was then in camp, independently of nearly an
+equal quantity reported by the benjarries (bullock-owners)
+to be in their possession, and
+which they had been ordered to retain for the
+public service. No issues had been authorized
+from this stock, and the belief that it
+existed prevented my feeling any uneasiness
+on the subject of provisions, although I knew
+the amount in <i>Major Hart's</i> charge was nearly
+expended. The measurement of the rice on
+the 15th of April, in the course of delivery (not
+by, observe, because) to Major Hart, produced
+<span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span>
+the <small>FIRST</small> suspicion of this enormous
+deficiency, and the report of it, when ascertained
+the succeeding day, the consequent
+alarm." Papers, p. 75.</p>
+
+<p>Nor is Lord Harris here alluding towards
+the whole, but rather to the close of Captain
+Macleod's Report, where it is stated that "the
+private and public rice would feed 30,000
+men for thirty-three (or, as Lord Harris says,
+thirty-six) days, exclusive of Major Hart's department.
+It is supposed Major Hart has
+7000 bullock-loads, which would be ten seers
+each to 30,000 men. (Signed) William Macleod,
+Superintendant of Supplies." Papers,
+p. 82.</p>
+
+<p>From these several extracts we have now to
+gather, that if, on the 5th of April, Major Hart
+had ten seers each man, equal to ten days
+rice, at whole allowance, on the 15th he
+would have no bullock-loads, whatever, remaining
+"in his possession." Wherefore, from
+the 16th of April to the 6th of May, (see in
+<a href="#Page_17">page. 17</a>,) and, further, from this last date to
+the 18th following, (see in <a href="#Page_18">page 18</a>), the
+<span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span>
+fraud on the rice, "then in camp," must have
+been, not only "exclusive of Major Hart's
+department," but in that of Captain Macleod,
+from whose stock "no issues had been authorized."
+We have now to observe, that the
+real question becomes, not whether Major Hart
+could hold private as well as public grain? but,
+whether this could be done by Captain Macleod,
+and by him after his having returned in
+his report both classes of grain as "the property
+of government?" And we presume, once
+for all, on this nice point, that there will not be
+urged the existence of one sort of regulation
+for a Commissary of <i>Provisions</i>, as Captain
+Macleod is sometimes called, and another for
+a Commissiary of <i>Grain</i>, as Major Hart was
+always called.</p>
+
+<p>Contending that he ordered his private grain
+from Madras, less for the army than for his
+private followers of it, Major Hart would rest
+his order upon the affidavit of one of those followers,
+by name Sadashevah Moodiliar. But
+this dubash, or confidential servant, will herein-afterwards
+be shown, among other of Major
+<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span>
+Hart's head people, as tampering with Subidar
+Enom Beg, during the intervals of this native
+soldier's examination by the Committee of
+Inquiry.</p>
+
+<p>To proceed more particularly with Captain
+Macleod.&mdash;It was he who, having first disclosed
+to Major-General Macaulay, (the private
+instead of public secretary to Lord Harris,)
+that Major Hart had a quantity of private
+grain to dispose of, and who, next observing
+the surprise with which his communication
+was received, does, third, and finally,
+request Major-General Macaulay's "permission
+to inform Major Hart that he (Major
+Hart) must, <i>in future</i>, communicate directly
+with me (Major-General Macaulay) upon the
+subject." Major-General Macaulay subjoins,
+"to this I assented;" but elsewhere explains,
+that "with the exception of the conversation
+that took place with Captain Macleod, when
+he delivered the original message, I held no
+communication with Major Hart, but <i>by letter</i>."
+Papers, pp. 159 and 158.</p>
+
+<p>Relative, indeed, to Captain Macleod the
+<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span>
+Major-General thinks it equally right to explain,
+saying "Captain (now Colonel Macleod)
+well knows my sentiments of his character.
+Long as he has been in England, it has
+not happened to me <i>once to meet him</i>. But I
+retain my former respect for his integrity."
+Papers, p. 369.</p>
+
+<p>It was Captain Macleod who, having said "by
+this observation (<i>a slight of hand</i> in receiving
+and issuing grain by measure), I do not mean
+<i>to attempt</i> to screen the bullock-contractors;"
+and added, "who, I am persuaded, <i>in my own
+mind</i>, must have embezzled the greatest proportion
+of the quantity deficient;" yet does
+shortly afterwards release from arrest, at the
+sole desire of the bullock-contractors, of all
+other men, not indeed a <i>bullock</i>, but yet its
+tantamount, a <i>flock</i> contractor, notwithstanding
+this, "one of the duffadars, Narnapah by
+name, was detected in having <i>concealed</i> seventy
+bags of rice in the bazar of the Nizam's camp,
+for the purpose of being sold there;" and,
+for all that, such seventy bags "were, on
+<i>discovery</i>, removed from the Nizam's bazar to
+<span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span>
+the grain dep&ocirc;t, near head-quarters." Papers,
+p. 79.</p>
+
+<p>It was once more Captain Macleod, who
+having said, "I impute the deficiencies, generally,
+to the corruption of Sechiram," yet does
+not confine or arrest this "security for all the
+contractors,<a name="FNanchor_D_4" id="FNanchor_D_4"></a><a href="#Footnote_D_4" class="fnanchor">[D]</a> because his holding a jaghire
+from government, in the Baramahl was <i>supposed
+to be</i> a sufficient hold upon him," or hold,
+"which would put it <i>out of his power to elude</i>
+any punishment or penalty that might afterwards
+be adjudged for his deception." Papers,
+p. 77.</p>
+
+<p>And such is the mode of reasoning subscribed
+to, rather than implicitly believed in, by
+Lord Harris, where his Lordship says, "of
+Captain Macleod's merits I have already had
+occasion to speak in terms of the highest
+praise,<a name="FNanchor_E_5" id="FNanchor_E_5"></a><a href="#Footnote_E_5" class="fnanchor">[E]</a>
+and although placed at the head of
+<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span>
+those persons from whose misconduct the most
+serious mischief might have proceeded, and
+which did actually produce considerable inconvenience
+to the army, I hold it incumbent on
+me to declare that Captain Macleod is, <i>in no
+degree</i>, blamable for this unfortunate business,"
+or business, "which <i>no means in his power to
+elude</i> could possibly prevent." Papers, p. 75.</p>
+
+<p>We have said,&mdash;subscribed to, rather than
+implicitly believed in,&mdash;because Lord Harris
+pursues "the principal carriers and benjarries
+are now in the Baramahl, (the very place,
+observe, of Sechiram's jaghire,) and I recommend
+to the immediate attention of government
+such measures as it may appear proper to
+adopt for recovering from them the amount of
+rice embezzled, and punishing those chiefs of
+this class of men who stood forward in responsibility,
+and who certainly knew and connived
+at the disposal of the rice, <i>if they were not
+themselves the managers of the transaction</i>."</p>
+
+<p><span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span></p>
+
+<p>We now trust to have amply shown why
+Lord Harris thought, 1st, that "it was not
+the loss of rice in the department of the Commissary
+of Grain alone, that so seriously
+affected the general store of provision for the
+army;<a name="FNanchor_F_6" id="FNanchor_F_6"></a><a href="#Footnote_F_6" class="fnanchor">[F]</a>
+but, 2dly, that infinitely more extensive
+<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span>
+and entirely unexpected deficiency, which
+was discovered in the quantity carried by
+bullocks, hired in the Ceded Districts, under
+the authority of Lieutenant-Colonel Read, and
+of which <i>Captain Macleod</i> was in the general
+superintendance.</p>
+
+<p>Upon this second and last of our own two
+points of grand doubt, we shall offer some
+further extracts, by which it will be perceived
+that Major Hart's head people were ordered
+back to the Ceded Districts, in company with
+Captain Macleod's benjarries, that is, were
+ordered back to those Districts, not before, but
+immediately upon the discovery of the fraud,
+and, as it were, in consequence of it.</p>
+
+<p>Asked by the Committee of Inquiry, "under
+whose charge was your rice brought forward
+on the march, and placed at the ground of
+encampment?" Major Hart replies, "under
+head people employed by myself, whom I discharged
+and (though discharged, yet) sent to
+<span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span>
+the Carnatic with <i>General Floyd's</i> detachment."
+In like manner, Captain Macleod states, in
+one of his letters to government, that "Sechiram
+joined the army at Kellamungulum and
+remained with it till the march of <i>General
+Floyd's</i> division towards Caveriporam, when
+all the public and benjarries cattle, which had
+at that time survived the campaign, were sent
+from the army." Papers, p. 77. And under
+date of 18th April, Lord Harris having confirmed
+that "<i>Major-General Floyd</i>, with all
+the cavalry and three battalions of Native
+Infantry, marches to-morrow morning towards
+Caveriporam to meet Colonel Read, and escort
+his benjarries to camp," explains that "their
+arrival is of the utmost consequence, as, on
+measuring our bags to ascertain the rice they
+really contained, they were found so much
+diminished, by loss or fraud, that eighteen days
+provisions for the fighting men, at half allowance,
+is all that remains in camp; our supplies
+must, therefore, arrive before the 6th of May,
+to save us from extreme distress." Papers,
+p. 49.<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span></p>
+
+<p>Further beyond this coincidence, Captain
+Macleod's second of two reports, dated Seringapatam,
+29th June, 1799, says, "N.B. The
+9025 mercals of rice remained in charge of
+Captain Macleod till Seringapatam was taken;
+no part of it was issued before the 18th
+May. E.E. (Signed) William Macleod, <i>late</i>
+Superintendant of Supplies." Notwithstanding,
+then, the extreme distress of the army,
+as just mentioned by Lord Harris, we here
+find Captain Macleod admitting that he was
+a holder of three days grain for 30,000 men,
+at whole allowance, not before but after the
+18th of May. Our inference is, what others
+have frequently drawn in this case, that there
+was always a plenty rather than ever any
+scarcity of grain.<a name="FNanchor_G_7" id="FNanchor_G_7"></a><a href="#Footnote_G_7" class="fnanchor">[G]</a></p>
+
+<p>Finally, we are to produce Major Hart's
+dubash, the already mentioned Sadashevah
+Moodiliar, as tampering among other of
+Major Hart's head people, with Subidar
+Enom Beg, during the intervals of this
+<span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span>
+native soldier's examination by the Committee
+of Inquiry.</p>
+
+<p>The Committee says, "from the very exact
+concurrence observed throughout the depositions
+of the maistries (carriers) and head
+owners, (of bullocks,) already examined, it
+appears that a further examination of persons
+of those descriptions will not tend to afford
+any new information on the subject under investigation;
+but as the native commissioned
+and non-commissioned officers of the details
+which were employed with the grain-department
+may, from their observation of the conduct
+of the maistries and bullock-owners
+during the service, be able to speak particularly
+to points connected therewith, the Committee
+call upon Subidar Enom Beg, of the first
+battalion of the 12th regiment of native infantry."
+Papers, p. 53.</p>
+
+<p>And having first disproved, in common with
+other guards during the march, the alleged
+irruptions of the enemy's horse, as counterpleaded
+by the benjarries, even in phalanx
+form, Subidar Enom Beg, "of his own accord,"
+<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span>
+next informs the Committee, that, "about
+eleven o'clock in the forenoon of yesterday, the
+<i>head conicopoly</i> of the grain-department, by
+name Dunnacody, accompanied by a tindall
+of lascars attached to the department, came to
+his tent and told him that he had been directed
+by <span class="smcap">Major Hart</span> to inquire of him the names
+of the subidars and jemidars, also the number
+of havildars, naigues, and sepoys, which had
+been employed with the rice-department; that
+he (the subidar) told the conicopoly that two
+of the companies were in Seringapatam, and
+that the company from Major Tolfrey's battalion,
+in camp, consisted of such a number of
+havildars, naigues, and sepoys, together with
+his own name, and that of the jemidar, all of
+which the conicopoly took down, in writing,
+and then went away. That in about half an
+hour afterwards the conicopoly and tindall
+returned, and asked the subidar to come to
+Tumboo Naik, <i>one of the principal bullock-owners</i>
+and a <span class="smcap">DUBASH</span>, whom he supposed to
+be Major Hart's (Sadashevah Moodiliar, the
+affidavit-witness,) as they wished to speak to
+<span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span>
+him, and to come without dressing himself.
+The subidar answered, 'that as he might be
+wanted for duty, he could not come without
+his commanding-officer's leave,' to which the
+conicopoly replied, 'that, as he would probably
+be sent for by the Committee sitting near the
+general's tent, he desired him to keep favour
+upon him,' and the subidar answered, 'he was
+in the Company's service and, if sent for, he
+should tell what he saw, and could not tell
+any lies.' That the subidar was then sent for
+by Major Tolfrey, and ordered to come to the
+Committee, which he did, and that having attended
+the Committee and been ordered by
+Colonel Muat (the President) to come again
+this morning, he was going to his lines when
+<i>one of the maistries</i> meeting him upon the road,
+asked, 'what news at the Committee?' The
+subidar answered him, 'you have no right to
+inquire: I have been to the Committee on
+business which does not concern you; go
+about your business.'" Papers, pp. 55 and 56.</p>
+
+<p>We would observe upon this testimony of
+Enom Beg, that the affidavit-dubash of Major
+<span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span>
+Hart, Sadashevah Moodiliar, who is wont to
+describe himself as "a writer in charge of the
+public servants in the grain-department," is not,
+in our opinion, so important a personage as Major
+Hart's head conicopoly Dunnacody, and this
+because the employment of a head conicopoly
+is much more <i>official</i> than that of a dubash,
+however greatly any particular occasion, like
+the present, for instance, may render the latter's
+services desirable. But in India it would
+otherwise appear that the dubash is accounted
+by far the more important personage of the
+two, at least if we can judge from Mr.
+Sherson's trial at Madras, also for rice-frauds;
+for, on this trial Sir John Newbolt, as third of
+three Judges, was pleased to argue, saying,
+'Audy Narrain, (the dubash of Mr. Sherson,)
+one of the persons offering the bribe, which is
+<i>almost tantamount</i> to naming Mr. Sherson himself.'
+Even in this case of Major Hart there
+is what is not wholly dissimilar to bribery;
+namely, where the conicopoly replies, 'that
+as he (Enom Beg) would probably be sent for
+by the Committee sitting near the general's
+<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span>
+tent, he (the conicopoly) desired him to keep
+favour on him.' The frequent occurrence
+among native Indians of the word <i>lies</i> is to be
+here regarded as an Anglo-Orientalism. It is to
+the probability of Enom Beg and his fellow-soldiers'
+testimonies over those of Major Hart
+and Captain Macleod's head people, that attention
+shall safely be paid.</p>
+
+<p>Relative to the benjarries and maistries of
+Captain Macleod, as well as to Major Hart's
+head people, we must differ from the Committee
+of Inquiry, where saying that "a <i>further</i>
+examination of persons of those descriptions
+will not tend to afford any new information
+on the subject." Our cause of
+difference is, that neither Sadashevah and
+Dunnacody, nor Sechiram and Narnapah,
+were <i>ever</i> examined by this Committee.</p>
+
+<p>Major-General Macaulay "cannot conceive,
+under the strong case which appears to be made
+out, how the government of this country and
+Parliament can, <i>with a due regard to character</i>,
+abstain from a revision of the whole question."
+<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span>
+Neither can we conceive how, in this respect,&mdash;not
+the government (of the Board of Controul
+and Court of Directors,) but&mdash;Parliament
+abstains.</p>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span></p>
+<h2>APPENDIX.</h2>
+
+<h3><i>To the Proprietors of East-India Stock.</i></h3>
+
+
+<p>Major Hart, in his advertisement, (<i>Times</i>, 24th
+of April,) says "I fear that I shall have no alternative
+but to appeal against such daily slander to the laws of
+my country." In other words, he, who sought to fight
+a duel with Major-Gen. Macaulay, fears. And may
+he fear!</p>
+
+<p>But Major Hart dares not appeal to the laws of his
+country, were he even slandered after the <i>daily</i> manner
+of his own advertisement. Major Hart was too old a
+soldier to have to learn, that</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">He who fights and runs away,<br /></span>
+<span class="i0">Lives to fight another day.<br /></span>
+</div></div>
+
+<p>Nor can Major Hart forget where Major-General
+Macaulay states, "Report&mdash;to which, however, I can
+scarce give credit&mdash;assigns this disgraceful production
+to the pen of a noted Barrister. Be that as it may,
+Major Hart stands fully (be this as it may, equally
+fully) responsible." Major-General Macaulay's <i>official</i>
+statement is, "Major Hart addressed a letter to the
+Court of Directors, dated the 22d of last month: that
+libellous letter has not yet been printed, by order of the
+<span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span>
+Court of Directors, for the use of the Proprietors; but
+Major Hart has thought fit to print and widely to send
+it into circulation. I am sorry that it is not inserted in
+the Papers respecting the <i>Mandamus</i>; the reason may
+be, that the Court of Directors, possibly viewing it in
+the light I do, could not have thought it proper to make
+themselves accessaries to the circulation of a defamatory
+document, unaccompanied by explanations from me.
+To that letter from Major Hart was appended a declaration,
+under the signature of three General Officers;
+Gen. Sir John Floyd (Bart. omitted), Lieut.-Gen.
+Brown, and Lieut.-Gen. Bridges, on what these officers
+are pleased to term <i>some important points connected
+with</i> Major Hart's case. The words in Italics are so
+printed in the original."</p>
+
+<p>Proprietors!&mdash;Have you never heard of a "Review
+of <i>some important passages</i> in the Administration of Sir
+George Barlow, Bart. by Charles Marsh, Esq. M.P.?"
+have you never heard that this "noted Barrister" is
+the probable author of an anonymous Report of Mr.
+Sherson's case, if not of his trial itself, or will you not
+hear your own Directors?</p>
+
+<p>"The two following Papers, <i>although private</i>, having
+already appeared in print, are here (the Records of
+the Company) inserted for the information of the Proprietors;
+but it <i>does not</i> appear from (here) the Records
+of the Company, that they were ever (during 16
+long years) <i>officially</i> communicated to the Court of
+Directors." The two Papers are, "A Letter from the
+Right Hon. Henry Dundas to David Scott, Esq." a
+deceased Director; and an enclosure in the foregoing,
+signed "William Dundas," and "T. Wallace;"
+<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span>
+which last paper has actually been called by some <i>A
+Report of the Board of Controul</i>. On the other hand,
+the deceased Mr. David Scott's authority to correspond
+and correspondence do not appear.</p>
+
+<p>So, in Mr. Sherson's case, there has been published an
+unsigned or anonymous Report of it, by a Mr. Halhed,
+one of the clerks in the India-House, whose error "was
+not his first" of the kind, yet whose Report was ordered,
+it has confidently been asserted, by only some one or
+two of the whole Court of Directors. In Mr. Sherson's
+case again the Board of Controul has compelled the
+erasure, from a despatch of the Court of Directors, of
+a paragraph recommendatory of an investigation into
+the conduct (on this Mr. Sherson's trial) of no less a
+person than Sir Francis Macnaghten, the <i>second</i> of
+three Judges, of whom the <i>third</i> is almost as much
+concerned as Sir Francis himself.</p>
+
+<p>Nor let these parallels be thought to beg the question,
+since they might readily have been extended;
+and since Major Hart's case would prove itself in
+Courts of Law, whether by artful confessions, or by
+other and better description of testimony. Unhappily,
+however, the period for this is expired.</p>
+
+<p style='text-align:right'>W. H. INGLIS.</p>
+
+<p>&nbsp; &nbsp; 3, Mincing-lane.</p>
+
+<h5>THE END.</h5>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span></p>
+<h4><span class="smcap">Marchant</span>, Printer,<br />
+Ingram-Court, Fenchurch-Street.</h4>
+
+
+<div class="footnotes">
+<h4>FOOTNOTES</h4>
+<div class="footnote"><p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">[A]</span></a> It will be maintained in the body of this Report, that
+Major Hart did never carry to the field a quantity of private
+grain.</p></div>
+
+<div class="footnote"><p><a name="Footnote_B_2" id="Footnote_B_2"></a><a href="#FNanchor_B_2"><span class="label">[B]</span></a>
+See in <a href="#Page_11">page 11</a>, and query he or Captain Macleod; also
+whether openly or covertly supplied, &amp;c.</p></div>
+
+<div class="footnote"><p><a name="Footnote_C_3" id="Footnote_C_3"></a><a href="#FNanchor_C_3"><span class="label">[C]</span></a> The propriety of Major Hart's dismission, after suspension
+from the Company's service, is, perhaps, self-evident,
+and might have been a ground of thanks; but who would
+have thanked the Court of Directors for being now made
+to deem correct, what formerly they were pleased to deem
+incorrect, viz. an Act of Parliament, and the one cited on
+what are called the Mandamus Papers!</p></div>
+
+<div class="footnote"><p><a name="Footnote_D_4" id="Footnote_D_4"></a><a href="#FNanchor_D_4"><span class="label">[D]</span></a> "Except those of Selum, who appear, by the accompanying
+statement (part of Captain Macleod's often-mentioned
+Report,) to have lost or embezzled the <i>smallest</i>
+proportion."</p></div>
+
+<div class="footnote"><p><a name="Footnote_E_5" id="Footnote_E_5"></a><a href="#FNanchor_E_5"><span class="label">[E]</span></a>
+It will be seen, in <a href="#Page_12">page 12</a>, where Major-General
+Macaulay has similarly written: "But I retain my former
+respect for his integrity."</p></div>
+
+<div class="footnote"><p><a name="Footnote_F_6" id="Footnote_F_6"></a><a href="#FNanchor_F_6"><span class="label">[F]</span></a> In the debate on the Mandamus Papers, a proprietor
+of stock asks, "What did Lord Ellenborough say? Did he
+say, that what was done was conclusive evidence of any
+bargain having been made, or any price being charged? No;
+Lord Ellenborough said,&mdash;No; he is ordered to enter it as
+an item of account; but that does not give it the character
+of having been purchased for the public. He acquiesces in
+the direction to enter it; but it ought to be considered as
+if he had not so entered and as if it stood in its original
+situation." But we must ask, what would Lord Ellenborough
+have said, had his lordship been informed that the
+fraud was not solely in Major Hart's grain, but, also, in
+that of Captain Macleod, and who, <i>previously to the discovery
+of the fraud</i>, had been ordered, by Lord Harris, to
+enter, that is, to retain his benjarries, now called, private
+grain, for "the <i>public</i> service." Of Major Hart's grain,
+it can equally be observed, that this had also been publicly
+returned in Captain Macleod's Report, which Report has
+been stated to close thus: "<i>it is supposed</i> Major Hart has
+7000 bullock-loads, which would be ten seers each to
+30,000 men. (Signed) William Macleod, Superintendant of
+Supplies."</p></div>
+
+
+<div class="footnote"><p><a name="Footnote_G_7" id="Footnote_G_7"></a><a href="#FNanchor_G_7"><span class="label">[G]</span></a> N.B. One mercal is twelve seers.</p></div>
+</div>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
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+The Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A report of Major Hart's case, of rice-frauds, near Seringapatam
+
+Author: W. H. Inglis
+
+Release Date: August 26, 2010 [EBook #33536]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK MAJOR HART'S CASE OF RICE-FRAUDS ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
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+Libraries.)
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+
+
+                                   A
+                                 REPORT
+                                   OF
+                           MAJOR HART'S CASE,
+                                   OF
+                              Rice-Frauds,
+                                  NEAR
+                             SERINGAPATAM,
+                             _WITH NOTES_;
+                                  AND
+                              AN APPENDIX,
+                               ADDRESSED
+                TO THE PROPRIETORS OF EAST-INDIA STOCK.
+
+                                   BY
+                              W. H. INGLIS,
+
+     AUTHOR OF THE ONLY REPORT NOT ANONYMOUS, OF MR. SHERSON's CASE
+               AND TRIAL AT MADRAS, ALSO FOR RICE-FRAUDS.
+
+
+                                LONDON:
+              PUBLISHED BY J. M. RICHARDSON, 23, CORNHILL,
+                    OPPOSITE THE ROYAL EXCHANGE; AND
+                        J. HATCHARD, PICCADILLY.
+
+                                 1818.
+
+
+
+                MARCHANT, Printer, Ingram-Court, London.
+
+
+
+
+                                   A
+                                REPORT,
+                               _&c. &c._
+
+
+Were any apology necessary for this Report, a sufficient one would be
+where Major Hart says, "When I add that Major-general Macaulay was my
+junior officer; that, in consequence of my dismission, he succeeded
+to the very regiment which, at this hour, I should have otherwise
+commanded, and became a general officer so much sooner by my dismission;
+I am satisfied that the Honourable Court (of Directors) will think his
+conduct a _most material_ feature in the future consideration of my
+case."--India-House-Papers, p. 362.
+
+Another instance of Major Hart's sinister attack is, where Major-general
+Macaulay has replied to it, saying, "There remains a farther slanderous
+insinuation of Major Hart's, that I think myself bound to notice. He has
+charged upon me, as a leading motive in the censure of his conduct, a
+settled design of placing myself in the command of the fortress of
+Palamcottah, and of the forces in the field in Tinnevelly, to his
+exclusion! This strange charge he more than once gave distinct hints of
+to myself. But he made it directly in the course of his last visit to
+me, in June 1815, when he behaved so coarsely. It will, I have little
+doubt, seem somewhat strange, even to your Lordship, (Harris, the
+commander-in-chief,) but so it is, that to this hour I do not know to
+whom I owe that command. _I not only never made application directly or
+indirectly for it, but the idea of applying for it never once entered my
+mind._--Papers, p. 388.
+
+But Major-general Macaulay scarce needed this reply, since it is Major
+Hart himself who can affirm his own error. The Major says, "I shall not
+however pretend to defend the act _acknowledged_ of my having carried to
+the field a quantity of private grain.[A] No, my Lord, (Harris,) most
+deeply and sensibly do I feel and deplore the _error_ of my
+conduct.--Papers, p. 352.
+
+    [A] It will be maintained in the body of this Report, that Major
+    Hart did never carry to the field a quantity of private grain.
+
+And yet, notwithstanding this _pretended_ acknowledgment of _real_
+error, it is the Board of Controul which, in order to allow Major Hart
+to hold private grain, must set aside the very regulation upon this
+subject. The 39th Regulation says, "it being the principle of the
+present system, by liberal and avowed allowances, to place this
+department upon so respectable a footing as to leave no temptation to
+seek for unauthorized advantages, the Commissary of Grain is not on any
+account, directly or indirectly, to derive any other advantage or
+emolument from this situation than the _salary_ fixed by Government. The
+strictest economy is, therefore, to be observed in every expense
+attending this department; and the disbursements and accounts of the
+Commissary are to be attested on honour, as prescribed in the forms
+annexed to these Regulations.--Papers, p. 17.
+
+And the mighty Board of Controul, besides allowing Major Hart to hold
+private grain, and therefore to reap the attendant profit on it _with
+perfect security_, next considers this both as _another question_ and as
+_not another question_. Thus the Board having said "whether he (Major
+Hart) ought to have derived any profit upon the original price of the
+rice, so in his possession, is another question," can yet add, "but
+_suppose he ought not_, when he[B] openly supplied it to our army,
+and was contented with much less (profit) than he might have obtained
+with perfect security, we cannot think it a crime of the blackest
+die.--Papers, p. 232.
+
+    [B] See in page 11, and query he or Captain Macleod; also
+    whether openly or covertly supplied, &c.
+
+The Board continues "this, and the circumstance of his silence, from the
+16th to the 22d of April, appear to us the only points of doubt in the
+whole case, and a conduct doubtful only on two such points does not, in
+our contemplation, warrant the sentence[C] that has been passed upon it,
+with the consequences to his fortune and honour to which it has led."
+Papers, p. 232.
+
+    [C] The propriety of Major Hart's dismission, after suspension
+    from the Company's service, is, perhaps, self-evident, and might
+    have been a ground of thanks; but who would have thanked the
+    Court of Directors for being now made to deem correct, what
+    formerly they were pleased to deem incorrect, viz. an Act of
+    Parliament, and the one cited on what are called the Mandamus
+    Papers!
+
+But, "in our contemplation" of this "whole case," there are yet to be
+noticed other two grand points of doubt. And first, as Lord Harris
+writes, "it was not the loss of rice in the department of the Commissary
+of Grain _alone_ that so seriously affected the general store of
+provision for the army, but," again, secondly, "that infinitely more
+extensive and entirely unexpected deficiency which was discovered, on
+the 16th of April, in the quantity carried by bullocks, hired in the
+Ceded Districts, under the authority of Lieutenant-Colonel Read, and of
+which Captain Macleod was in the general superintendance."
+
+Lord Harris explains, saying "Captain Macleod, to whom no report of
+material loss had been made by the carriers on the 3d of April, had, on
+the 5th, given me a report, of which a copy is enclosed, by which it
+appeared that rice, the property of government, sufficient for the
+consumption of 30,000 men, at half a seer per day, for six-and-thirty
+days, was then in camp, independently of nearly an equal quantity
+reported by the benjarries (bullock-owners) to be in their possession,
+and which they had been ordered to retain for the public service. No
+issues had been authorized from this stock, and the belief that it
+existed prevented my feeling any uneasiness on the subject of
+provisions, although I knew the amount in _Major Hart's_ charge was
+nearly expended. The measurement of the rice on the 15th of April, in
+the course of delivery (not by, observe, because) to Major Hart,
+produced the FIRST suspicion of this enormous deficiency, and the
+report of it, when ascertained the succeeding day, the consequent
+alarm." Papers, p. 75.
+
+Nor is Lord Harris here alluding towards the whole, but rather to the
+close of Captain Macleod's Report, where it is stated that "the private
+and public rice would feed 30,000 men for thirty-three (or, as Lord
+Harris says, thirty-six) days, exclusive of Major Hart's department. It
+is supposed Major Hart has 7000 bullock-loads, which would be ten seers
+each to 30,000 men. (Signed) William Macleod, Superintendant of
+Supplies." Papers, p. 82.
+
+From these several extracts we have now to gather, that if, on the 5th
+of April, Major Hart had ten seers each man, equal to ten days rice, at
+whole allowance, on the 15th he would have no bullock-loads, whatever,
+remaining "in his possession." Wherefore, from the 16th of April to the
+6th of May, (see in page. 17,) and, further, from this last date to the
+18th following, (see in page 18), the fraud on the rice, "then in
+camp," must have been, not only "exclusive of Major Hart's department,"
+but in that of Captain Macleod, from whose stock "no issues had been
+authorized." We have now to observe, that the real question becomes, not
+whether Major Hart could hold private as well as public grain? but,
+whether this could be done by Captain Macleod, and by him after his
+having returned in his report both classes of grain as "the property of
+government?" And we presume, once for all, on this nice point, that
+there will not be urged the existence of one sort of regulation for a
+Commissary of _Provisions_, as Captain Macleod is sometimes called, and
+another for a Commissiary of _Grain_, as Major Hart was always called.
+
+Contending that he ordered his private grain from Madras, less for
+the army than for his private followers of it, Major Hart would rest
+his order upon the affidavit of one of those followers, by name
+Sadashevah Moodiliar. But this dubash, or confidential servant, will
+herein-afterwards be shown, among other of Major Hart's head people,
+as tampering with Subidar Enom Beg, during the intervals of this native
+soldier's examination by the Committee of Inquiry.
+
+To proceed more particularly with Captain Macleod.--It was he who,
+having first disclosed to Major-General Macaulay, (the private instead
+of public secretary to Lord Harris,) that Major Hart had a quantity of
+private grain to dispose of, and who, next observing the surprise with
+which his communication was received, does, third, and finally, request
+Major-General Macaulay's "permission to inform Major Hart that he (Major
+Hart) must, _in future_, communicate directly with me (Major-General
+Macaulay) upon the subject." Major-General Macaulay subjoins, "to this I
+assented;" but elsewhere explains, that "with the exception of the
+conversation that took place with Captain Macleod, when he delivered the
+original message, I held no communication with Major Hart, but _by
+letter_." Papers, pp. 159 and 158.
+
+Relative, indeed, to Captain Macleod the Major-General thinks it
+equally right to explain, saying "Captain (now Colonel Macleod) well
+knows my sentiments of his character. Long as he has been in England, it
+has not happened to me _once to meet him_. But I retain my former
+respect for his integrity." Papers, p. 369.
+
+It was Captain Macleod who, having said "by this observation (_a slight
+of hand_ in receiving and issuing grain by measure), I do not mean _to
+attempt_ to screen the bullock-contractors;" and added, "who, I am
+persuaded, _in my own mind_, must have embezzled the greatest proportion
+of the quantity deficient;" yet does shortly afterwards release from
+arrest, at the sole desire of the bullock-contractors, of all other men,
+not indeed a _bullock_, but yet its tantamount, a _flock_ contractor,
+notwithstanding this, "one of the duffadars, Narnapah by name, was
+detected in having _concealed_ seventy bags of rice in the bazar of the
+Nizam's camp, for the purpose of being sold there;" and, for all that,
+such seventy bags "were, on _discovery_, removed from the Nizam's bazar
+to the grain depot, near head-quarters." Papers, p. 79.
+
+It was once more Captain Macleod, who having said, "I impute the
+deficiencies, generally, to the corruption of Sechiram," yet does not
+confine or arrest this "security for all the contractors,[D] because his
+holding a jaghire from government, in the Baramahl was _supposed to be_
+a sufficient hold upon him," or hold, "which would put it _out of his
+power to elude_ any punishment or penalty that might afterwards be
+adjudged for his deception." Papers, p. 77.
+
+    [D] "Except those of Selum, who appear, by the accompanying
+    statement (part of Captain Macleod's often-mentioned Report,) to
+    have lost or embezzled the _smallest_ proportion."
+
+And such is the mode of reasoning subscribed to, rather than implicitly
+believed in, by Lord Harris, where his Lordship says, "of Captain
+Macleod's merits I have already had occasion to speak in terms of the
+highest praise,[E] and although placed at the head of those persons from
+whose misconduct the most serious mischief might have proceeded, and
+which did actually produce considerable inconvenience to the army, I
+hold it incumbent on me to declare that Captain Macleod is, _in no
+degree_, blamable for this unfortunate business," or business, "which
+_no means in his power to elude_ could possibly prevent." Papers, p. 75.
+
+    [E] It will be seen, in page 12, where Major-General Macaulay
+    has similarly written: "But I retain my former respect for his
+    integrity."
+
+We have said,--subscribed to, rather than implicitly believed
+in,--because Lord Harris pursues "the principal carriers and benjarries
+are now in the Baramahl, (the very place, observe, of Sechiram's
+jaghire,) and I recommend to the immediate attention of government such
+measures as it may appear proper to adopt for recovering from them the
+amount of rice embezzled, and punishing those chiefs of this class of
+men who stood forward in responsibility, and who certainly knew and
+connived at the disposal of the rice, _if they were not themselves the
+managers of the transaction_."
+
+We now trust to have amply shown why Lord Harris thought, 1st, that "it
+was not the loss of rice in the department of the Commissary of Grain
+alone, that so seriously affected the general store of provision for
+the army;[F] but, 2dly, that infinitely more extensive and entirely
+unexpected deficiency, which was discovered in the quantity carried
+by bullocks, hired in the Ceded Districts, under the authority of
+Lieutenant-Colonel Read, and of which _Captain Macleod_ was in the
+general superintendance.
+
+    [F] In the debate on the Mandamus Papers, a proprietor of stock
+    asks, "What did Lord Ellenborough say? Did he say, that what was
+    done was conclusive evidence of any bargain having been made, or
+    any price being charged? No; Lord Ellenborough said,--No; he is
+    ordered to enter it as an item of account; but that does not
+    give it the character of having been purchased for the public.
+    He acquiesces in the direction to enter it; but it ought to be
+    considered as if he had not so entered and as if it stood in its
+    original situation." But we must ask, what would Lord
+    Ellenborough have said, had his lordship been informed that the
+    fraud was not solely in Major Hart's grain, but, also, in that
+    of Captain Macleod, and who, _previously to the discovery of the
+    fraud_, had been ordered, by Lord Harris, to enter, that is, to
+    retain his benjarries, now called, private grain, for "the
+    _public_ service." Of Major Hart's grain, it can equally be
+    observed, that this had also been publicly returned in Captain
+    Macleod's Report, which Report has been stated to close thus:
+    "_it is supposed_ Major Hart has 7000 bullock-loads, which would
+    be ten seers each to 30,000 men. (Signed) William Macleod,
+    Superintendant of Supplies."
+
+Upon this second and last of our own two points of grand doubt, we shall
+offer some further extracts, by which it will be perceived that Major
+Hart's head people were ordered back to the Ceded Districts, in company
+with Captain Macleod's benjarries, that is, were ordered back to those
+Districts, not before, but immediately upon the discovery of the fraud,
+and, as it were, in consequence of it.
+
+Asked by the Committee of Inquiry, "under whose charge was your rice
+brought forward on the march, and placed at the ground of encampment?"
+Major Hart replies, "under head people employed by myself, whom I
+discharged and (though discharged, yet) sent to the Carnatic with
+_General Floyd's_ detachment." In like manner, Captain Macleod states,
+in one of his letters to government, that "Sechiram joined the army at
+Kellamungulum and remained with it till the march of _General Floyd's_
+division towards Caveriporam, when all the public and benjarries cattle,
+which had at that time survived the campaign, were sent from the army."
+Papers, p. 77. And under date of 18th April, Lord Harris having
+confirmed that "_Major-General Floyd_, with all the cavalry and three
+battalions of Native Infantry, marches to-morrow morning towards
+Caveriporam to meet Colonel Read, and escort his benjarries to camp,"
+explains that "their arrival is of the utmost consequence, as, on
+measuring our bags to ascertain the rice they really contained, they
+were found so much diminished, by loss or fraud, that eighteen days
+provisions for the fighting men, at half allowance, is all that remains
+in camp; our supplies must, therefore, arrive before the 6th of May, to
+save us from extreme distress." Papers, p. 49.
+
+Further beyond this coincidence, Captain Macleod's second of two
+reports, dated Seringapatam, 29th June, 1799, says, "N.B. The 9025
+mercals of rice remained in charge of Captain Macleod till Seringapatam
+was taken; no part of it was issued before the 18th May. E.E. (Signed)
+William Macleod, _late_ Superintendant of Supplies." Notwithstanding,
+then, the extreme distress of the army, as just mentioned by Lord
+Harris, we here find Captain Macleod admitting that he was a holder of
+three days grain for 30,000 men, at whole allowance, not before but
+after the 18th of May. Our inference is, what others have frequently
+drawn in this case, that there was always a plenty rather than ever any
+scarcity of grain.[G]
+
+    [G] N.B. One mercal is twelve seers.
+
+Finally, we are to produce Major Hart's dubash, the already mentioned
+Sadashevah Moodiliar, as tampering among other of Major Hart's head
+people, with Subidar Enom Beg, during the intervals of this native
+soldier's examination by the Committee of Inquiry.
+
+The Committee says, "from the very exact concurrence observed throughout
+the depositions of the maistries (carriers) and head owners, (of
+bullocks,) already examined, it appears that a further examination
+of persons of those descriptions will not tend to afford any new
+information on the subject under investigation; but as the native
+commissioned and non-commissioned officers of the details which were
+employed with the grain-department may, from their observation of the
+conduct of the maistries and bullock-owners during the service, be able
+to speak particularly to points connected therewith, the Committee call
+upon Subidar Enom Beg, of the first battalion of the 12th regiment of
+native infantry." Papers, p. 53.
+
+And having first disproved, in common with other guards during the
+march, the alleged irruptions of the enemy's horse, as counterpleaded
+by the benjarries, even in phalanx form, Subidar Enom Beg, "of his own
+accord," next informs the Committee, that, "about eleven o'clock in the
+forenoon of yesterday, the _head conicopoly_ of the grain-department, by
+name Dunnacody, accompanied by a tindall of lascars attached to the
+department, came to his tent and told him that he had been directed by
+MAJOR HART to inquire of him the names of the subidars and jemidars,
+also the number of havildars, naigues, and sepoys, which had been
+employed with the rice-department; that he (the subidar) told the
+conicopoly that two of the companies were in Seringapatam, and that the
+company from Major Tolfrey's battalion, in camp, consisted of such a
+number of havildars, naigues, and sepoys, together with his own name,
+and that of the jemidar, all of which the conicopoly took down, in
+writing, and then went away. That in about half an hour afterwards
+the conicopoly and tindall returned, and asked the subidar to come
+to Tumboo Naik, _one of the principal bullock-owners_ and a DUBASH,
+whom he supposed to be Major Hart's (Sadashevah Moodiliar, the
+affidavit-witness,) as they wished to speak to him, and to come without
+dressing himself. The subidar answered, 'that as he might be wanted for
+duty, he could not come without his commanding-officer's leave,' to
+which the conicopoly replied, 'that, as he would probably be sent for by
+the Committee sitting near the general's tent, he desired him to keep
+favour upon him,' and the subidar answered, 'he was in the Company's
+service and, if sent for, he should tell what he saw, and could not tell
+any lies.' That the subidar was then sent for by Major Tolfrey, and
+ordered to come to the Committee, which he did, and that having attended
+the Committee and been ordered by Colonel Muat (the President) to come
+again this morning, he was going to his lines when _one of the
+maistries_ meeting him upon the road, asked, 'what news at the
+Committee?' The subidar answered him, 'you have no right to inquire: I
+have been to the Committee on business which does not concern you; go
+about your business.'" Papers, pp. 55 and 56.
+
+We would observe upon this testimony of Enom Beg, that the
+affidavit-dubash of Major Hart, Sadashevah Moodiliar, who is wont to
+describe himself as "a writer in charge of the public servants in the
+grain-department," is not, in our opinion, so important a personage as
+Major Hart's head conicopoly Dunnacody, and this because the employment
+of a head conicopoly is much more _official_ than that of a dubash,
+however greatly any particular occasion, like the present, for instance,
+may render the latter's services desirable. But in India it would
+otherwise appear that the dubash is accounted by far the more important
+personage of the two, at least if we can judge from Mr. Sherson's trial
+at Madras, also for rice-frauds; for, on this trial Sir John Newbolt, as
+third of three Judges, was pleased to argue, saying, 'Audy Narrain, (the
+dubash of Mr. Sherson,) one of the persons offering the bribe, which is
+_almost tantamount_ to naming Mr. Sherson himself.' Even in this case of
+Major Hart there is what is not wholly dissimilar to bribery; namely,
+where the conicopoly replies, 'that as he (Enom Beg) would probably be
+sent for by the Committee sitting near the general's tent, he (the
+conicopoly) desired him to keep favour on him.' The frequent occurrence
+among native Indians of the word _lies_ is to be here regarded as an
+Anglo-Orientalism. It is to the probability of Enom Beg and his
+fellow-soldiers' testimonies over those of Major Hart and Captain
+Macleod's head people, that attention shall safely be paid.
+
+Relative to the benjarries and maistries of Captain Macleod, as well as
+to Major Hart's head people, we must differ from the Committee of
+Inquiry, where saying that "a _further_ examination of persons of those
+descriptions will not tend to afford any new information on the
+subject." Our cause of difference is, that neither Sadashevah and
+Dunnacody, nor Sechiram and Narnapah, were _ever_ examined by this
+Committee.
+
+Major-General Macaulay "cannot conceive, under the strong case which
+appears to be made out, how the government of this country and
+Parliament can, _with a due regard to character_, abstain from a
+revision of the whole question." Neither can we conceive how, in this
+respect,--not the government (of the Board of Controul and Court of
+Directors,) but--Parliament abstains.
+
+
+
+
+                               APPENDIX.
+
+               _To the Proprietors of East-India Stock._
+
+
+Major Hart, in his advertisement, (_Times_, 24th of April,) says "I
+fear that I shall have no alternative but to appeal against such daily
+slander to the laws of my country." In other words, he, who sought to
+fight a duel with Major-Gen. Macaulay, fears. And may he fear!
+
+But Major Hart dares not appeal to the laws of his country, were he even
+slandered after the _daily_ manner of his own advertisement. Major Hart
+is too old a soldier to have to learn, that
+
+  He who fights and runs away,
+  Lives to fight another day.
+
+Nor can Major Hart forget where Major-General Macaulay states,
+"Report--to which, however, I can scarce give credit--assigns this
+disgraceful production to the pen of a noted Barrister. Be that as it
+may, Major Hart stands fully (be this as it may, equally fully)
+responsible." Major-General Macaulay's _official_ statement is, "Major
+Hart addressed a letter to the Court of Directors, dated the 22d of last
+month: that libellous letter has not yet been printed, by order of the
+Court of Directors, for the use of the Proprietors; but Major Hart has
+thought fit to print and widely to send it into circulation. I am sorry
+that it is not inserted in the Papers respecting the _Mandamus_; the
+reason may be, that the Court of Directors, possibly viewing it in the
+light I do, could not have thought it proper to make themselves
+accessaries to the circulation of a defamatory document, unaccompanied
+by explanations from me. To that letter from Major Hart was appended a
+declaration, under the signature of three General Officers; Gen. Sir
+John Floyd (Bart. omitted), Lieut.-Gen. Brown, and Lieut.-Gen. Bridges,
+on what these officers are pleased to term _some important points
+connected with_ Major Hart's case. The words in Italics are so printed
+in the original."
+
+Proprietors!--Have you never heard of a "Review of _some important
+passages_ in the Administration of Sir George Barlow, Bart. by Charles
+Marsh, Esq. M.P.?" have you never heard that this "noted Barrister" is
+the probable author of an anonymous Report of Mr. Sherson's case, if not
+of his trial itself, or will you not hear your own Directors?
+
+"The two following Papers, _although private_, having already appeared
+in print, are here (the Records of the Company) inserted for the
+information of the Proprietors; but it _does not_ appear from (here) the
+Records of the Company, that they were ever (during 16 long years)
+_officially_ communicated to the Court of Directors." The two Papers
+are, "A Letter from the Right Hon. Henry Dundas to David Scott, Esq."
+a deceased Director; and an enclosure in the foregoing, signed "William
+Dundas," and "T. Wallace;" which last paper has actually been called
+by some _A Report of the Board of Controul_. On the other hand, the
+deceased Mr. David Scott's authority to correspond and correspondence do
+not appear.
+
+So, in Mr. Sherson's case, there has been published an unsigned or
+anonymous Report of it, by a Mr. Halhed, one of the clerks in the
+India-House, whose error "was not his first" of the kind, yet whose
+Report was ordered, it has confidently been asserted, by only some one
+or two of the whole Court of Directors. In Mr. Sherson's case again the
+Board of Controul has compelled the erasure, from a despatch of the
+Court of Directors, of a paragraph recommendatory of an investigation
+into the conduct (on this Mr. Sherson's trial) of no less a person than
+Sir Francis Macnaghten, the _second_ of three Judges, of whom the
+_third_ is almost as much concerned as Sir Francis himself.
+
+Nor let these parallels be thought to beg the question, since they might
+readily have been extended; and since Major Hart's case would prove
+itself in Courts of Law, whether by artful confessions, or by other and
+better description of testimony. Unhappily, however, the period for this
+is expired.
+
+                                                           W. H. INGLIS.
+  3, Mincing-lane.
+
+
+
+                                THE END.
+
+
+
+                           MARCHANT, Printer,
+                    Ingram-Court, Fenchurch-Street.
+
+
+
+
+    TRANSCRIBER'S NOTE: Footnotes have been moved from the middle
+    of the text to the end of the paragraph referring to those
+    footnotes. Apart from that, no other changes have been made
+    for this e-text version.
+
+
+
+
+
+End of the Project Gutenberg EBook of A report of Major Hart's case, of
+rice-frauds, near Seringapatam, by W. H. Inglis
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