should cast their eye over the balance sheet, before they voted so large a sum of money? This was not the first, second, nor third time, that he had requested their attention to this point. His advice, under all the circumstances, was, that they should have placed before them the whole of the noble marquis's administration, his political conduct as well as his military prowess, and having carefully investigated, if it were thought worthy of reward, they might then give to the noble marquis what would be honourable for him to receive and prudent for them to grant. If the papers on the table were true, they had no surplus revenue. Their territorial revenues were, by act of parliament, appropriated to the maintenance of their forces, to the payment of the interest of their Indian debt, and in defraying the expenses of their civil and commercial establishments. Had they not to borrow money to pay the interest of their debt, and could they think of proceeding a step farther, and borrowing money for the purpose of giving it away? Under what circumstances was this proposition made? Under circumstances of strong doubt, at the present moment, as to the legality of their making any grant at all. He was ex-tremely sorry that the court of directors, after the opinion of the law officers of the crown had been promulged on the illegality of granting a pension of £5000 a year for twenty years, had not proceeded to an investigation of the whole of the legal question. A considerable difference of opinion appeared to exist in the court of directors on the subject, and he was therefore sorry that it had not been completely settled. Beyond this, he regretted exceedingly, that in the course of the last fourteen days, the court of directors had not made use of the power which they possessed, to determine, by an application to their law authority, whether they could legally grant a specific sum of money from the territorial revenues of India, under the appropriation clause of the act of the 53d of the -king. Looking to that clause, it certainly was doubtful whether they had any funds from which they could make this grant. If they examined the act of parliament, as he had before said, it would be found that their territorial revenue was appropriated to the support of their military and civil establishments, and to the payment of the interest of their debt; unless, therefore, there was - a surplus after meeting these three items, there was evidently no fund from which any thing could be given away. Now, an hon. director had stated that there was not sufficient to meet those three items, and consequently there could be no surplus: in his mind, therefore, a

very great doubt existed as to the legality of any farther proceeding. He was aware that what fell from him, on such a point, would probably carry very little weight with it, but still it was a doubt on which he conceived the court was bound to satisfy itself before this sum of money was voted. In every point of view he considered the present proceeding most objectionable. Its legality was doubtful; it could not be shewn that there were funds to meet such a demand; the proposition was premature; it was, to use a strong term, rewarding a man for plunder. (Cries of hear, hear, and order!) He would repeat the words, it was rewarding an individual who had the power of putting armies in motion to plunder the neighbouring states. He begged the court clearly to understand that he did not mean to condemn the war. When they had all the proceedings before them they might find that it was perfectly justifiable, that it arose from the aggression of our enemies, and was founded on circumstances over which the noble marquis had no controul. But in the present instance they were taking a wrong course; they were making a grant for the success of the war, without knowing what the reasons were that had caused it. In the next place, if the claims of the noble marquis were proved to be decidedly just, still he should feel great objection to the form of the grant. In his opinion, they ought to consider only the noble individual whose services challenged this reward, instead of carrying down their cases to succeeding generations; acting thereby in a most unjust, as well as a most unusual manner. It seemed that the peculiar circumstances of the noble marquis were known; that was the only reason which could be assigned for the form of this grant. If they were not known, why should the money be placed in the hands of trustees? If they intended to be liberal to the noble marquis, let them leave out all mention of trustees: if they voted money, let it be voted to him who had deserved it; let it be placed in the hands of the individual who had earned it. Why was not this done? because it might be employed in the payment of his just debts: a strange motive to actuate a company of merchants. (Cries of order !)

Mr. D. Kinnaird rose, to point out the very great inconvenience which must result from introducing a subject altogether irrelevant. (Hear, hear !) He was not one of those, and he believed his hon. friend would give him credit when he said so, who, if a public duty rendered the mention of delicate circumstances necessary, would shrink from the performance of that duty, or endeavour to prevent his hon. friend from taking the

course which justice pointed out, but such was not the case here. His hou. friend was himself drawing the inference of what was the motive which induced the executive body to propose that this sum should be placed in the hands of trustees; he had made a particular inference, and stated the reason why he conceived trustees were to be appointed in this case. That reason might be very satisfactory to his own mind, but he had no right to introduce it, as matter of comment, until it was directly stated by those who proposed the grant. What his hon. friend had said he considered to be most incorrect, and be believed the circumstance of trustees being proposed would be satisfactorily explained by his stating, it was the intention of the court of directors that this grant should be perpetuated, as a lasting monument of their gratitude and of the noble marquis's merits. They did not contemplate the giving a specific sum of money for certain services, and then letting the matter sink in oblivion; they wished to perpetuate the graut, that the posterity of the noble marquis might be reminded of the great achievements of their ancestor, and the noble generosity of the Company.

Mr. S. Dixon wished, before they proceeded farther, to clear the ground a little. It should be recollected that they had not yet come to a resolution to vote any money; when they had, that would be the time to decide on the form of the grant.

Mr Hume continued. If his hon. friend had waited until he had uttered a few words, he would have been sensible that he was fully aware of the ground on which this sum of money was said to be proposed in the present form, namely, that of handing down to succeeding geuerations a memento of what the noble marquis had done. He was perfectly aware of this, but he would nevertheless state again that, in his opinion, the money ought to be voted personally to the Marquis of Hastings, who, if he chose to vest it in lands, or in a mansion, was at liberty to do so. There was no such precedent on their records as that which would be established if they agreed to this resolution, and he was perfectly warranted, nay he was required to state his reasons for disapproving of the manner in which it was drawn up. The mode, as well as the principle, he again contended, was improper. He should be extremely sorry to say any thing offensive or indelicate on such an occasion; and if he had been allowed to conclude the sentence, it would have been found that he had no desire to introduce any thing disrespectful to the noble marquis. But he was quite sure, whatever sum of money that court might think he had earned by the suc

cessful exercise of his civil or military talents, it would be found more consonaut with propriety, and also with justice, that the money should be given to himself, and not placed at the disposal of trustees. One great reason which induced him to wish for the postponement of this question was, the situation in which the noble marquis at present stood; he believed no individual in England was placed in such a situation. Looking at the honourable way in which he had expended his princely income (and if it had not been most honourable he would not have introduced the subject), he conceived that his conduct demanded the most liberal notice, and he did not think it was consistent with liberal feeling to place this money in the hauds of trustees. He apprehended that, on the whole of their records, distinguished as they were by princely donations to different individuals, no precedent of this nature could be found, and he would be obliged to any gentleman whose habits of research enabled him to point out one. Placing money in the hands of trustees would be a most inconvenient precedent, and would have the effect of creating trusts on trusts, contrary to the sound priuciples on which the Company had always acted. They were, he knew, at liberty to award to individuals who deserved well of the Company whatsoever sum they thought fit, on whatsoever principle seemed to them most proper; but in his apprehension, the just course of proceeding was, to grant what they did resolve to give, whether a pension or a sum of money, to the individual who had deserved their bounty, leaving it to himself to dispose of it as he might be inclined; and he had no hesitation, that the most honourable way of guarding the boon would be to place it under the superintending care of the individual to whom it was justly due. He, however, was most anxious that the proposition should for the present be postponed; and when the proper period arrived, although his embarrassments were four times the amount of the sums mentioned in the resolutiou, if his political conduct carried him fairly through, he would vote for the liquidation of every shilling of them, and the noble marquis should return to this country as independent as he was covered with glory. That would be the honourable mode of rewarding his services, instead of placing this sum of money out of his power, as if he ought not to be trusted, and doling it out to him through the medium of others as caprice dictated. Every person would draw his own inference from such a proceeding. His hon. friend said, this course was adopted in order to perpetuate the memory of those transactions, and to uphold the fame of the family, by

banding down to posterity two or three thousand acres of land; but, in his mind, it was more honourable to a man's offspring, that he should descend to the grave covered with glory rather than incumbered with riches; and their preventing the Marquis of Hastings from laying out the money as he might think fit, would, they might rest assured, produce in the minds of many a feeling very different from that which gentlemen imagined who were favourable to the employment of trustees. To grant it in this manner would be impolitic, and would certainly produce the worst consequences. When he spoke of the embarrassments of the noble marquis, nothing was farther from his mind than to introduce the subject offensively: they all knew that a high and distinguished individual, Mr. Pitt, had his debts paid by the nation: such were his services, such his devotion to the affairs of his country, that the public liquidated all the demands which were made on his estate after his death. He did not propose this as a precedent on the present occasion; he did not assume the incompetence of the noble marquis; he might remain long enough in India to pay the whole of his debts, and then they might reward him with such a sum as would, on mature consideration, be considered adequate to the services he had performed. Having fully weighed the merits of the case, he felt himself called on to oppose the resolution; first, because the proposition was premature, since they were ignorant of the political conduct of the noble marquis; and next, because they were granting this reward to him as a military man, not as a profound and politic statesman: it therefore became a premium to all and every future governor-general to embark in hostilities; they would be taught to think, that the only way in which they could secure a grant of money from the Company was to become invaders and conquerors. It would be said, that the Company paid no attention to the merits of civilians, but that, as in the two or three last instances, they were anxious to reward conquerors. He was aware that the noble marquis had, in a manner the most honourable and disinterested, given up the whole of the prize money to which he was entitled to the army which he had trained and led to victory. He applauded this generous act, and was ready to make up the sacrifice, and even to grant as much again, if it were necessary. It was not the amount to which be objected, but the time when the case was brought forward. For the reasons which he had stated, coupled with those delivered verbally by one hon. director (Mr. Grant), and most strongly expressed in the dissent of another hon. gentleman within the bar, he would op

pose any farther proceeding at present; and he entreated the court not to be led astray by specious reasoning, to commit a precipitate act, the consequence of which might be most painful. He besought them while it was in their power, to retreat; and to give them an opportunity of avoiding a pledge, which, under the existing circumstances, it was most dangerous to give, he should move, with a view to the postponement of the proposition," that this question be not now put."

Mr. Gahagan humbly offered himself to the court for the purpose of seconding the motion, and in so doing he should take the liberty of stating those reasons which induced him to adopt this course. He was sorry that the task of stating those reasons had not devolved on some other gentleman better able to give them full force and effect, but so strong and imperative did he feel the duty of submit, ting to the court the sentiments which actuated him, that on no account could he suffer himself to be guilty of the slightest dereliction of that important duty. He could not but concur, in a great measure, in the justice of the arguments a 'duced by the hon. director who had dissented from the resolution, and also in the truth of the observations addressed to the court by the hon. proprietor who had moved the amendment; but he thought, without disparagement to the reasons advanced by them, that there were others, and those very powerful ones, which called on the court to pause before they came to a decision on this proposition. If the question before the court was merely to come to a conclusion on the high and trans. cendent services of the Marquis of Hastings, was there any person who would not concur in placing them amongst the brightest achievements which had been performed for many years? In contemplating that blaze which illumined the hemisphere of English glory, no star could be seen which shone with greater bril liancy than the star of Hastings. While gazing on its brightness, he could not describe it in commensurate language, for its superior lustre dazzled the powers of the mind and weakened their capability of exertion. But they had not met to decide on the greatness of his achievements, their's was a task of a more technical character; they were assembled to consider whether they could or could not legally do a given act. He could not help it, if, from mismanagement, or from a peculiar form of legislation, the Company could not put a finger on this fund from which they wished to grant a large sum of money. Here he hoped gentlemen would give him credit, when he said, he did not mean to contend that even then the Marquis of Hastings was not entitled to remuneration, but he opposed the proceeding at

present, because he was of opinion that they could not remunerate him legally in the way which had been pointed out; and he thought he should convince the court that he had taken up the true view of the subject. He hoped he should not be accused of presumption or arrogance, when he said he thought he could convince them that his exposition of the law was right; and if he could go that length, he trusted, however strong their friendship, however powerful their feel-, ing, however great their desire to hold up to an admiring world a testimony of the Company's gratitude, that they would not violate the law for that purpose, and leave that violation to be rectified on a future day. He saw faces in the court which he had never noticed there before: he saw below him a learned gentleman of known talent; he saw near him an hon. proprietor (Sir W. Burroughs) who differed from him on the exposition of the law: he hoped the hon. proprietor, in the interval of time since they last met, had satisfied his mind on the subject, and had now come down to prove that he was quite wrong in his idea, and that it was ridiculous to listen to his opiniou on this important point. He saw around him many. gallant and meritbrious officers, who doubtless had entered the court that they might speak their sentiments in favour of the noble marquis; but he begged of them to smother those ardent and amicable feelings to which they wished to give vent, if they saw, from the course of the argument, that the present was not the time to pronounce those panegyrics on the noble marquis which they were anxious to deliver, but which perhaps would be more appropriate if reserved for a future period. Having made these few preliminary observations, he should now proceed to view the question in a legal light. The 53d of the king, which was their last charter, seemed to have watched with the most jealous care the appropriation of the various funds and stocks of the Company. He should here briefly inquire, whether their territorial revenue could fairly be supposed to come within the meaning of the term fund? He thought it could not; but he would, for argument sake, admit that it did. He then requested the court to look at the clause, by which that revenue was appropriated; he asked them more particularly, to look at the preamble of the clause, because learned gentlemen must be aware that it was frequently more important to examine that, in order to discover the meaning of the legislature, than to apply to the preamble of the act itself: perhaps he should say, the preliminary matter, and not the preamble of the clause, but if he made himself understood the phrase was of little importance. The commencement

of the clause was couched in these terms: "And be it further enacted, that for and during the continuance of the possession and government of the said territorial acquisitions and revenues in the said United Company, the rents, revenues, and profits, arising from the said territorial acquisitions, after defraying the charges and expenses of collecting the same, shall be applied and disposed of to and for the uses and purposes hereinafter expressed, in the following order of preference, and to or for no other use or purpose, or in any other manner whatsoever, any act or acts of parliament now in force to the contrary notwithstanding."

What then was the order of preference? and he begged of every hon. director to attend to that order, when the appropri ation of the territorial revenue was attempted to be extended.

First, the territorial revenue was to be expended in raising and maintaining: forces, and in maintaining forts and garrisons. Now he would ask, whether the placing £60,000 in the hands of trustees, in perpetuum, for the benefit of the Marquis of Hastings and his family, did that go to the maintaining of forces and forts? It was only necessary to state the words in order to come at a correct answer. But then it was said, "if this doctrine be allowed, what becomes of the pensions which we have granted to the widows of our military officers?" He answered, that there was nothing forced or strained. in the statement, that those widows were a part of the military establishment of India. They might be paid in this country, but the sum thus appropriated was set off against their territorial revenues in India. Was he without precedent when he said, that those widows formed a part of their military establishment? assured. ly he was not. When the secretary at war laid the army estimates before the House of Commons, did not the widows' pensions form a constituent part of them? were they not paid out of the supply granted for the maintenance of the king's forces? It could not therefore be said in this case, that because they could not vote the sum of money now proposed to the Marquis of Hastings, they must therefore cease from paying the pensions they had previously granted to the widows of officers.

The second appropriation was, for the payment of the interest of the Indian debt. He need not make any pause here, to inquire whether £60,000 placed in the hands of those hon. trustees, for the benefit of the noble marquis and family, could be said to be employed in paying the interest of the ludian debt.

The third appropriation of the territorial revenue was, for defraying the civil and commercial establishments of the