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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/33536-8.txt b/33536-8.txt new file mode 100644 index 0000000..65c2449 --- /dev/null +++ b/33536-8.txt @@ -0,0 +1,907 @@ +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. 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H. Inglis. + </title> + <style type="text/css"> + + p { margin-top: .75em; + text-align: justify; + margin-bottom: .75em; + } + h1,h2,h3,h4,h5,h6 { + text-align: center; /* all headings centered */ + clear: both; + } + hr { width: 33%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; + } + + table {margin-left: auto; margin-right: auto;} + + body{margin-left: 10%; + margin-right: 10%; + } + + .pagenum { /* uncomment the next line for invisible page numbers */ + /* visibility: hidden; */ + position: absolute; + left: 92%; + font-size: smaller; + text-align: right; + } /* page numbers */ + + .blockquot{margin-left: 5%; margin-right: 5%;} + + .center {text-align: center;} + .smcap {font-variant: small-caps;} + .u {text-decoration: underline;} + + + .trnote {border: dashed 1px; margin: 2em 2em 2em 2em; } + .footnotes {border: dashed 1px; } + .footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + .footnote .label {position: absolute; right: 84%; text-align: right;} + .fnanchor {vertical-align: super; font-size: .8em; text-decoration: none;} + + .poem {margin-left:10%; margin-right:10%; text-align: left;} + .poem br {display: none;} + .poem .stanza {margin: 1em 0em 1em 0em;} + .poem span.i0 {display: block; margin-left: 0em; padding-left: 3em; text-indent: -3em;} + + </style> + </head> +<body> + + +<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>&c.</i> <i>&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."—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>—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.—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.—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.—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.—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 depôt, 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,—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, <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,—not +the government (of the Board of Controul +and Court of Directors,) but—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—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 <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!—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> 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, &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,—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. 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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 +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 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. 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