A report of Major Hart's case, of rice-frauds, near Seringapatam

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.