out a single word of the resolution, thanking him for the successful conclu; sion of his glorious wars; not to leave out any part of the thanks for the military and political skill be had evinced; not to leave any part of these words of commendation, but merely to introduce an alteration in the mode of conferring the reward, that of substituting an annuity of £5,000 for twenty years instead of £60,000 in trust. To that proposition the names of eighteen directors were signed, and amongst them was the name of the honorable director, literally acknowledging every one of those merits, which had been so honorably displayed by the noble Marquis, and thinking of no other alteration than that of a pension of £5,000 instead of £60,000 in trust. With what candour or propriety then could the honorable director speak of this as a subterfuge and an attempt to evade the law, when he himself was the very first to ad vocate the proposition? He perfectly concurred in the observations of his honorable and learned friend, as to the imprudence of introducing into this discussion any thing which might prematurely hasten the decision of a very important question between the Company and the government. Nothing would be more unwise than for the Company to urge a question of such a nature, at the risk of endangering their charter; and although he maintained they had a clear and inherent right in the territory of India, yet considering the nature and importance of that question, it required the greatest possible caution to avoid any discussion which might bring that subject into consideration, at a time least convenient to the Company's views. He could not discover the good sense or the policy of agitating this question at the present moment; knowing, as every man did, how much the discussion of such a subject ought to be avoided. It appeared to him, however, that the court had reason to applaud the wisdom of the directors, as to the manner in which they had conducted this part of the business; for instead of entering into any argument upon the subject, they merely acknowledged the receipt of Mr. Canning's letter; at the same time intimating, that was not the moment to enter into any discussion upon a subject of that nature. This, he owned, was very wise and prudent conduct on the part of the directors; if the same wisdom and caution had been used on former occasions, probably the Company Would not have occasion to complain of those encroachments which had been made on each succeeding renewal of their charter. If they had always expressly said, in the outset, this was a question too awful for argument and had constantly deferred the question, considering its im Asiatic Journ.-No. 44.

portance to India, probably those disputes and discussions never would have arisen to the disadvantage of the Company, by exposing them to the attacks of their enemies. It certainly was very important, not to hasten the decision of such a question; but he hoped that whenever it was brought forward, in a plain intelligible shape, it would be properly decided. But, in respect to the propriety of the director's conduct, on the one hand, acting for the proprietors, and that of the government on the other, it ap peared to him, that there ought to be no difference of opinion as to the wisdom of abstaining from urging forward the rights of the Company, especially at a time when great prejudices were but too well known to exist against the Company upon this important subject. Forbearance, at this critical time, was the wisest course for the Company to pursue; lest, by any inconsiderate precipitancy, they might endanger those rights which were cofessedly acknowledged to be well founded. The honorable director seemed extremely auxious to recommend the propriety of suspending this proposition, until the issue of this question was known; he urged the court to postpone this debt of justice to the Marquis Hastings, until the Company's right to pay it was ascertained. What was the import of such a proposition? Why, the honorable director would have the Company wait in this proceeding until they had fought the battle with government, in which battle they would be sure to fail; he would have them wait, until government had asserted its rights over those territories which alone could enable them to reward their military servants. But his honorable friend near him (Mr. Hume) carried the argument a little further, and shewed the inconsistency of the grounds upon which this motion was opposed. First, it was said, that the Company had no right to make such a grant; but fuding that not to be a tenable argument, refuge was taken under the objection urged by his honorable friend, that the Company had no right to make the grant unless they had a surplus revenue, So that the same honorable gentleman, who at the last court brought forward a motion for the purpose of voting a certain sum of money to a Mr. Wilkinson, out of the self same funds, now argued that the same thing could not be done on behalf of the noble Marquis.

Mr. Hume said that the proposition in that case was for paying a sum of money qut of the commercial fund.

Mr. Jackson resumed and said, he was extremely glad to find that the commercial funds of the Company were so flourishing as to enable them to do an act of justice, in the particular case alluded to; VOL. VIII.

X

but he could not comprehend the consistency of his honorable friend's argument, who, in the one case was ready to open the coffers of the Company, for the purpose of paying a doubtful claim made by a speculative merchant; and yet, on the other hand, in the case of a servant of the Company, whose splendid and universally acknowledged merits deserved the highest rewards the Company could bestow; towards such a servant his honorable friend should be as obdurate as iron and brass. The proposition of his honorable friend could not bear the test of argument for a single moment. His honorable friend was prepared to say, that the most distinguished civil and military conduct ought to go unrewarded, because the Company's coffers were not overflowing with wealth. This proposi tion, and the other, for which his honorable friend contended, really could not stand together. The fact was, that the whole system of the argument on the other side was built upon a false supposition; that because a wise government is increasing its debt, it has no right to remunerate its meritorious servants. If this proposition were true, he (Mr. J.) would be glad to know why the Duke of Wellington had been rewarded, in the liberal manner in which a grateful nation had provided for him, notwithstanding the immense national debt under which the country laboured. How came the government to reward Lord Nelson and all the vast train of heroes who were pensioned from the funds of the country during the last war, although the national debt was increasing and would still in crease? The fact was, that the honor and glory of the country, as a matter of national policy, were concerned in the due reward of its valuable servants. Upon the same principle, the East India Company, however heavy its debt might be, was bound to act towards their servants. If they could not reward great civil and military talents; if they had not the means of conducting the operations of the government of a great empire; if they were not enabled to maintain their civil and military establishments with all the obligatory duties of sovereignty, the government of the Company must be at an end. Surely, the very existence of the government implied the power of raising the means to maintain it; without those means, it was in vain to attempt the maintenance of dominion in India. But then, it had been said by an honorable director (Mr. Astell), that there was a very marked distinction to be taken between the noble Marquis's civil and military merits; and this court ought only to look to his military and not to his political conduct. Who would believe that in the very resolution which had passed the

court, recognizing the distinguished merit of the noble lord, the words " political services" were distinctly associated with his military services? The noble lord had been paid the compliment of being thanked by a general court in the most unanimous manner for his merits "political as well as civil," for these were the very words of the resolution. It had been said by a very distinguished person, the other day, that he had lived too long in the world to be surprised at any thing. He (Mr. J.) was also in that predicament; but he really thought the honorable director had been above making such distinctions, after the unanimous resolution to which this court had come. Supposing, however, that any distinction could be insinuated, in this particular case, between the noble lord's political and military services, it was quite clear, even within the knowledge of the honorable director himself, no distinction of that kind could be actually made; for it must be recollected, that, as to the policy of the late war in India, the noble lord had nothing to do with it, the Company having been involved in it before he noble Lord set his foot in India: but whatever his lordship might have had to do with the policy of war, no man could doubt that he had acted to the best of his ability, and with the most enlightened zeal in the share he had in it. It was notorious that the war with the Peishwa had been commenced under the express directions of the government at home, in consequence of the repeated aggressions committed upon the Company's territory by that hostile power; and orders had been sent out, by the directors here, to Marquis Hastings, to assume the military command and carry on warlike operations in the Peishwa's dominions. The Marquis Hastings knew the difficulty of the situation in which he was placed; and being too wise, from the former experience he had learned of the sentiments of this country upon the subject of warlike operations in India, and being too sensible of the difficulties to which an honorable baronet had alluded, he very properly waited until he received from the government at home the most explicit instructions how he was to act. Those instructions having been at length sent out to him, he acted in a manner befitting the high station in which he was placed, and conformably to the distinguished character he had always borne as a statesman and a soldier. The result of the war proved, to demonstration, the wisdom of intrasting in the hands of such a man the interests of the East-India Company. The strongest proof of the sense entertained by the directors of his merits was, that when the subject remuneration was proposed, eighteen

of

out

of twenty-five sigued the recommendation for voting him a grant of £60,000, and that the whole of the twenty-five put their signature to the resolution, recognising his high and extraordinary merits; and he (Mr. J.) had no hesitation in saying, that he preferred the vote of £60,000 for the reasons assigned by the honorable chairman; because he conceived, that this Company had a right to have their own accounts, in their own way; and were not to be bound by the dicta of any authority, however respectable, unless they were conformable to the acknowledged rights of the Company. It was most gratifying to his feelings, to observe the warmth of heart which prevailed in the court upon this interesting occasion; and he was convinced that no excess of feeling could be too strong, upon a question in which the honor and character of the Company were concerned. With respect to the mode of appropriating the money, he concurred in the observation of an honorable gentleman, that ought to be left entirely to the discretion of the trustees, in whose care it was to be placed, subject only to such advice as was best calculated to promote the object in view. Undoubtedly the vanity, which the proprietors might naturally be permitted to indulge on such an occasion as this, would give them a right to require the money to be laid out in such a manner as would indicate their feelings upon such a subject. If it should be thought proper to bestow the money in the purchase of an estate or the erec

tion of a mansion, he could see no harm in gratifying the vanity of the proprietors by calling it Hyderabad, or any other appropriate name, as a monumental compliment to the Company. Under all circumstances he expressed a confident hope, that the same unanimity which attended the resolution of thanks to the noble Marquis, would mark their proceedings in coming to the resolution proposed, so consonant with that character for justice and liberality, which it had been the pride of this court to maintain.

Mr. Bosanquet and Mr. Jackson mutually explained.

Mr. Wigram said, that although he should be extremely unwilling to precipitate the Company into any misunderstanding with the board of control, and although it appeared to him, that in acceding to the mode of remunerating the noble Marquis, by means of an annuity, was likely to remove all difficulty upon the subject, yet, upon the whole, considering the meritorious services of the noble Marquis, upon which so much had been deservingly said, he should certainly vote for the previous question.

The Chairman then put the amendment moved by Mr. Hume, which being negatived without a division, the original question was then put and carried by a majority; and after a desultory conversation, in which Mr. Hume, Mr.Robinson, Mr. Elphinsone and Mr. Forbes took part, a ballot was demanded and fixed for Thursday the 10th of June. Adjourned.

HOUSE OF Lords.

June 30.-Chace's Relief Bill.-Viscount Torrington, in moving the third reading, went into a history of the transaction which the bill was to render valid. It was founded in the claims of persons in India, who had advanced money to the Nabob of the Carnatic, to enable him to make good the kists to the East-India Company. By law, loans of this description to princes in India were probibited, and those who made them could not be admitted to prove their debts before the commissioners. It appeared, however, from evidence before the committee on the bill, that the law on the subject was not made known in India when the transaction which formed the foundation of the present claims took place. The noble Viscount reminded their lordships, that by passing this bill they were not granting the claims of the parties, but merely acting like a grand jury,

The Duke of Wellington would not, like the noble lord, say that he had no interest in the bill be felt a very deep interest in it, as he was anxious that the widows and children of military men, for whose benefit the measure had been introduced, should have an opportunity of establishing their claims. He could not, however, agree to the passing of the bill with the preamble in its present state. Their lordships were aware, that by the 37th of the King, all loans of this nature

were prohibited. The preamble of the bill conveyed a highly improper ceusure on the character of the persons who were at the time at the head of the government in India, when it stated the transaction to be known to them. He was at Fort George when the transaction took place, and knew that it was talked of, but there was not the slightest evidence of its being known to the government. This false assertiou ought to be corrected: he would therefore move to omit certain words, and to make one part of the preamble run thus: "Although the said transactions were unknown, and unauthorized by the Governor aud Council of Fort St. George."

The Earl of Liverpool had great objections to the bill altogether; but if the preamble were altered in the manner proposed, their lordships could in no way be justified in passing it. The principle of the law which prohibited loans by. British subjects to native princes had received the approbation of all parties, for it had been the means of putting a stop to those schemes of peculation which were disgraceful to the country. The law did not admit of loans being made by the connivance of the Indian government, but required that the consent of the governor and council should be given in writing to render then legal. Thus, even with the preamble as it at present stood, the ground for passing the bill was insufficient.

The Earl of Lauderdale supported the bill, chiefly because, though the Act of the 37th of the King had arrived in India at the time the transaction took place, the law had not been promulgated.

The Earl of Westmorland followed, and supported the bill on the same ground.

The Duke of Wellington read an extract from a paper, to show that the passing of the Act of the 37th of the King was known in India when the loans were made. He also referred to a letter in the evidence, the writer of which stated, that the law had passed; and, alluding to the loans, said he would have nothing to do with such transactions.

The Earl of Lauderdale again observed, that the Act had not been promulgated by the government. It appeared from the evidence, that Mr. Petrie and Mr. Webbe knew of the loan, and the paper to which the noble Duke had referred did not state that the law required the consent of the governor and council to be given in writing.

The Earl of Liverpool, Lord Lauder dale, and Lord Torrington, explained.

Lord Powis stated that the transaction had not come to bis knowledge when he was at the head of the government of Madras. If it had, he should have

thought it his duty to punish the parties concerned in it.

The Lord Chancellor supported the bill, but felt some embarrassment as to the amendments.

The Earl of Liverpool consented to the third reading, the question for which was carried.

The Duke of Wellington then moved two amendments in the preamble, on which divisions took place. They were carried in the affirmative: the first by 21 to 20; the second by 22 to 20.

Their lordships then divided on the question, that the bill do now pass, Coutents, 24; Non-contents, 21; Majority for the bill, 3.

July 1. The New South Wales trade bill went through a committee.

5. The East-India postage bill was brought up from the Commons, and read a first time.

6.-Petition for a Divorce. The Lord Chancellor said, he held in his hand the petition of an individual, praying for a remedy under a very peculiar case. He had, in consequence of the seduction of his wife, instituted proceedings in India, where the criminal conversation took place. The civil court there had given him such redress as was in its power in a case of this kind, and he had obtained a divorce, à mensá et thoro, in the ecclesiastical court. He was now desirous of seeking the relief afforded by parliament, through an act to enable him to marry again; but as the criminal conversation had occurred in India, he could not bring forward that evidence which their lordships' required. This was a case which required consideration. He would not present the petition now, but intended to call their lordships' attention to the subject to-morrow.

7.-The Lord Chancellor presented the petition for a divorce to which he alluded yesterday, and which related to a trans action that occurred in India. He moved that it be referred to a committee to consider what proceedings ought to be adop ted.-Ordered.

12.-Mr. Mason, from the East-India House, presented a copy of the Regulations of the different governments of India, in 1817.

Soon after three o'clock, the Speaker of the House of Commons was summoned to the house, when the Earl of Shaftesbury, the Lord Chancellor, and the Marquis of Winchester, as commissioners, gave the royal assent to several bills: among others, the East-India postage bill and the EastIndia goods bill.

HOUSE OF COMMONS.

June 25.-Army Extraordinaries. In a committee of supply, the Chancellor of the Exchequer moved that a sum be

granted, not exceeding £1,200,000, for defraying the extraordinary expenses of the army of Great Britain for the present year. Col. Davies, after observing upon the exorbitancy of the charges for the military college, the Irish staff, and the Guernsey and Jersey establishments, as detailed in the estimates, gave notice, that he should early in the ensuing session of parliament move for the appointment of a select committee, to take into consideration every part of the military expenditure.

Lord Palmerston had certainly stated, when the army estimates were under discussion, that the Irish part was under consideration, and that a considerable reduction was contemplated. He had said that the reduction would be immediate; and whereas, formerly, there were seven general officers on that staff, they were now reduced to four. (Hear !) A corresponding reduction had taken place in the other appointments. With regard to the military college, the hon. gentleman (Col. Davies) must have mistaken what had fallen from him (Lord Palmerston); he certainly stated his opinion, that it was not larger than it should b. If, during peace, it should be found that there was a greater number of cadets than could be provided with commissions, consistently with a due regard to the cases of half-pay officers, some arrangements might he made to ineet such an emergency. It was impossible that any such reduction of officers could take place in the establishment of the military college as had been proposed, so long as it continued to exist. With respect to those abuses which the hon. gentleman had mentioned in general terms, he (Lord Palmerston) must give them an unequivocal denial.

Col. Davies replied.

Mr. Hume regretted that, from all that had just fallen from the noble lord, it was in vain to indulge any hope of a reduction in these expenses. After objecting to the military college, as a most expensive one, the hon. member pro. ceeded to observe upon the several items charged in the account of these extraordinaries. One of them was a sum of £67,543. 18s. 10d. to the governor of Ceylon: no explanation had been given of the particular services to which this money had been applied. It also appeared from these estimates, that the British government was charged with the clothing of troops in the East-Indies. He alluded to an item of £248,748. 18s. 4d., charged on account of disbursements and clothing to the different corps serving in that quarter, £245,942 was the charge for disbursements; but really he did not know why the East-India Company should not pay the whole expense of clothing these troops. The hon. member made some other remarks on the

expenses charged in the estimates for Bermuda and Trinidad.

Mr. Huskisson thought that a considerable part of the objections which had been taken by the hon. gentleman had arisen from his not having taken a very correct view of the nature of these estimates. Sometimes he talked of them as of accounts, sometimes as of estimates. It would be some satisfaction to the hon. gentleman to be informed of what he believed the house was not ignoraut, that there was not one single shilling which was not strictly accounted for to the army comptroller or to the auditors of public accounts. The bills of the commissaries were paid by bills upon the lords of the treasury, which were then carried to account. The reason why the amounts appeared only, was that the accounts of the commissioners could not be properly stated and described till they came home. The commissaries were the only persons permitted to draw these bills. There was not the smallest objection to produce the accounts in a more detailed form, if it should be deemed necessary by the house. "To refute, continued Mr. Huskisson, the slanderous charges made elsewhere, I am subjected to the embarrassment of speaking of myself; it has never happened to me to derive the smallest advantage by balance or commission, from the situation in which I stand as agent for Ceylon. With reference to the hon. member's observations on the item of army clothing, the estimates had been drawn up in this form for a cousiderable period, and it was the usual practice to allow 15 per cent. to cavalry commanders beyond the regular and assigned allowance."

Lord Palmerston observed, that the allowance of 15 per cent. was quite distinct from the sum assigned, and was not granted, except on the clearest proof that the expense had been previously incurred. The hon. member had fallen into the error of supposing that there were thirtysix, whilst in point of fact there were but thirty professors at the military college.

In reply to a question from Mr. Hume, relative to the charge in India, it was stated by the Chancellor of the Exchequer that it formed a part of an open account between the government of the country and the East-India Company.

June

Compensation to Gen. Boyd. -The house having resolved itself into a committee of supply, Mr. Wilberforce prefaced his motion for a grant of remuneration to Gen. Boyd, by a short statement of the circumstances on which the claim was founded. That officer, who was a native of the United States, had in early life rendered a great service to the cause of the country in the EastIndies, at a critical period of our affairs