nd that the bribes
thus taken were, by a mental reservation, a private intention in the
mind of the taker, unknown to the giver, to be some time or other, in
some way or other, applied to the public service. The taking such bribes
was to become a justifiable act, in consequence of that reservation in
the mind of the person who took them; and he was not to be called to
account for them in any other way than as he thought fit.
My Lords, an act of Parliament passed in the year 1773, the whole drift
of which, I may say, was to prevent bribery, peculation, and extortion
in the Company's servants; and the act was penned, I think, with as much
strictness and rigor as ever act was penned. The 24th clause of Chap.
63, 13 Geo. III., has the following enactment: "And be it further
enacted by the authority aforesaid, that, from and after the first day
of August, 1774, no person holding or exercising any civil or military
office under the crown, or the said United Company, in the East Indies,
shall accept, receive, or take, directly or indirectly, by himself, or
any other person or persons on his behalf, or for his use or benefit,
of and from any of the Indian princes or powers, or their ministers or
agents, or any of the natives of Asia, any present, gift, donation,
gratuity, or reward, pecuniary or otherwise, upon any account, or on any
pretence whatsoever, or any promise or engagement for any present, gift,
donation, gratuity, or reward: and if any person, holding or exercising
any such civil or military office, shall be guilty of any such offence,
and shall be thereof legally convicted," &c., &c. It then imposes the
penalties: and your Lordships see that human wisdom cannot pen an act
more strongly directed against taking bribes upon any pretence whatever.
This act of Parliament was in affirmance of the covenant entered into by
the servants of the Company, and of the explicit orders of the Company,
which forbid any person whatever in trust, "directly or indirectly, to
accept, take, or receive, or agree to accept, take, or receive, any
gift, reward, gratuity, allowance, donation, or compensation, in money,
effects, jewels, _or otherwise howsoever_, from any of the Indian
princes, sovereigns, subahs, or nabobs, or any of their ministers,
servants, or agents, exceeding the value of four thousand rupees, &c.,
&c. And that he, the said Warren Hastings, shall and will convey,
assign, and make over to the said United Company, for the
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