arry it, that thirty per cent per annum should be
allowed upon all stores to be provided by the agent. That the said
Warren Hastings professed that "he preferred an agency to a contract for
this service, because, if it were performed by contract, it must then be
advertised, and the world would know what provision was made for the
defence of the fort": as if its being publicly known that the fort was
well provided for defence were likely to encourage an enemy to attack
it. That in August, 1779, in defiance of the principle laid down by
himself for preferring an agency to a contract, the said Warren Hastings
did propose and carry it, that the agency should be _converted into a
contract_, to be granted to the said John Belli, without advertising for
proposals, and fixed for the term of five years,--"pretending that he
had received frequent remonstrances from the said agent concerning the
heavy losses and inconveniences to which he was _subjected_ by the
indefinite terms of his agency," notwithstanding it appeared by evidence
produced at the board, that, on a supply of about 37,000_l._, he had
already drawn a commission of 22,000_l._ and upwards. That the said
Warren Hastings pledged himself, that, _if required by the Court of
Directors, the profits arising from the agency should be paid into the
Company's treasury, and appropriated as the Court should direct_. That
the Court of Directors, as soon as they were advised of the first
appointment of the said agency, declared that they considered the
commission of twenty per cent as an ample compensation to the agent, and
did positively order, that, according to the engagement of the said
Warren Hastings, "the commission paid or to be paid to the said agent
should be reduced to twenty pounds per cent." That the said John Belli
did positively refuse to refund any part of the profits he had received,
or to submit to a diminution of those which he was still to receive; and
that the said Warren Hastings has never made good his own voluntary and
solemn engagement to the Court of Directors hereinabove mentioned: and
as his failure to perform the said engagement is a breach of faith to
the Company, so his performance of such engagement, if he had performed
it, and even his offering to pledge himself for the agent, in the first
instance, ought to be taken as presumptive evidence of a connection
between the said Warren Hastings and the said agent, his private
secretary, which ought not to