essentially different from the advertisement published
by the Governor-General and Council for receiving
proposals for feeding the Company’s elephants,
and did accept thereof, not only without having recourse
to the proper means for ascertaining whether the said
proposal was the lowest that would be offered, but
with another actually before the board nearly thirty
per cent lower than that made by the said George Templer,
to whom the said Warren Hastings granted a contract,
in the terms proposed by the said Templer, for three
years, and did afterwards extend the same to five
years, with new and distinct conditions, accepted by
the said Warren Hastings, without advertising for
fresh proposals, by which the Company were very considerable
losers: on all which the Court of Directors declared,
“that this waste of their property could not
be permitted; that he, the said Warren Hastings, had
disregarded their authority, and disobeyed their orders,
in not taking the lowest offers”; and they ordered
that the contract for elephants should be annulled:
and the said Directors further declared, that, “if
the contractor should recover damages of the Company
for breach of engagement, they were determined, in
such case, to institute a suit at law against those
members of the board who had presumed, in direct breach
of their orders, to prefer the interest of an individual
to that of the Company.”—That the
said Warren Hastings did, in the year 1777, conclude
with —— Forde a contract for an
armed vessel for the pilotage of the Chittagong river,
and for the defence of the coast and river against
the incursions of robbers, for the term of five years,
in further disobedience of the Company’s orders
respecting the mode and duration of contracts, and
with a considerable increase of expense to the Company.
That the farming out the defence of a country to a
contractor, being wholly unprecedented, and evidently
absurd, could have no real object but to enrich the
contractor at the Company’s expense: since
either the service was not dangerous, and then the
establishment was totally unnecessary, or, if it was
a dangerous service, it was evidently the interest
of the contractor to avoid such danger, and not to
hazard the loss of his ship or men, which must be
replaced at his own expense, and therefore that an
active and faithful discharge of the contractor’s
duty was incompatible with his interest.—That
the said Warren Hastings, in further defiance of the
Company’s orders, and in breach of the established
rule of their service, did, in the year 1777, conclude
a contract with the master and deputy master attendant
of the Company’s marine or pilot service, for
supplying the said marine with naval stores, and executing
the said service for the term of two years, and without
advertising for proposals. That the use and expenditure
of such stores and the direction of the pilot vessels
are under the management and at the disposition of
the master attendant by virtue of his office; that