Some doubt having been expressed, they had applied to an able lawyer, as able as any in the court of chancery, and having procured his opinion, they came and said, " gentlemen, we are again at a standstill." Perhaps individuals might believe that he made these observations out of a spirit of opposition: that was not the fact; but he was of opinion, when a court of directors published a little volume of by-laws, they must mean something, nay more, that they must mean a great deal. There might be a different opinion on prescriptive rights, and on many other abstruse points; but, when a certain rule of action was laid down in black and white, so plain that he who ran might read, he could not account for the frequent occurrence of mistake and error. Were they, day after day, to go on in this course of informality? Were they to be told that there was such a by-law in existence, but that it was not to be attended to? Was it to be maintained, because they had infringed that by-law during four years, therefore they were to perpetuate the error? He could not allow such a principle to prevail, since it was contrary to every law by which great bodies were governed. As an argument of extenuation, he did not understand it; much less could he comprehend it as a point of reasoning, urged in defence of an error. He again in treated gentlemen, before this proposition was brought forward, to enquire whether they could, under the written law of the land, grant to the noble Marquis £60,000 out of their territorial revenues? They had an able counsel, a gentleman whose professional character stood deservedly high, than whom he knew not where they could find a more learned man, and to him they might apply for information on this point. If it turned out that his suggestion was an unfounded one, what harm was done? It would only shew the ignorance of the individual who conjured up a phantom in his brain. It would make assurance double sure;" and they might laugh at him who proposed the question, while they exulted in their own better judgment. When he rose in that court before and made a similar observation, he did not say it was his decided opinion that they could not make this grant out of the territorial revenue, but he threw it out merely as a question which was well worthy of consideration. If they would take the trouble of looking to the words introduced into that section of the last act which related to the appropriation of territory, they would find that they deserved serious attention. No such words were to be found in any former act; the legislature must therefore have had something in view, some significations and some purpose. If they found

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his construction of the act to be correct, though it was not a very convenient one for them, yet they must abide by it. The legislature might not wish or intend that the provision should have such an effect; but how could he help that, if their words bore such an interpretation. Notwithstanding all the inconvenience which might arise from it, the remedy was clear; they had only to go to parliament and procure a small enactment. They might say, we have been in error heretofore, but we will now have the power of remunerating our servants, and of appropriating for that purpose a certain portion of our territorial revenue." He did not call the informality which had been alluded to a slight matter. The discovery, it appeared, originated with the learned gentleman (Mr. R. Jackson) and the hon. member of parliament (Mr. Howorth). Now if, on account of the mere declaration of a by-law, they refrained from proceeding, if they were compelled to go back to their closets to reconsider this proposition, were they not more powerfully called on to pause when a matter of grave consideration was suggested to them, although by the humblest man in the court? Surely so important a question, as whether they could or could not grant this money out of the territorial revenue, ought to be coolly considered. He could state that this very question had been suggested, though not formally submitted to the highest legal authority in the country. He had not given his opinion on it, but he said that there was a great deal in the point, and that certainly was something. It was somewhat strange that, since he came into that court, not one proceeding, ex confesso, which came from behind the bar had been legal: on the contrary, he might say, ex confesso, they had been illegal, for the directors had been obliged to withdraw them. In the case of Mr. Wilkinson, (cries of order). He would not touch on that subject then, and indeed his reason for noticing it was the informal mode of proceeding. In his opinion the court ought to adjourn sine die, leaving it to the directors to appoint another day of meeting. It was better to leave the nomination of a day in the hands of the directors than with any other persons; but if they came with a report stating the reasons which induced them to recommend the grant, reasons sufficiently satisfactory to gain the approbation of two general courts, they might even then be prevented from proceeding, unless the opinion of counsel were taken on the point he had adverted to. If a gentleman of more weight and of higher character than he could boast, if a mau who could deliver his opinions eloquently, whose address would impart instruction

and knowledge, if such a man proposed, as an amendment, that the Company could not make this grant out of their territorial revenue, what would they be doing but frittering away another day in discussing questions of formality and legality; and they would probably be obliged to adjourn for a fortnight or a mouth longer. The question to which he had drawn their attention might easily be set at rest, and such an occurrence prevented. The valuable time of the proprietors ought not to be misappropriated in this manner; the directors ought not to come to that court, day after day, saying, "gentlemen, we must adjourn; our proceedings are erroneous !" If they would attend more to form they would find themselves infinitely more correct in practice.

Mr. S. Dixon hoped that no farther discussion would take place; the course was plain, and on a mere question of adjournment it was wrong to indulge in so many observations.

Mr. Lowndes contended that they ought to enquire whether they had or had not a right to grant this sum. It would be very ridiculous, first to agree to a resolution, and afterwards to enquire whether they had it in their power to carry their intention into effect; therefore he thought that the common councilman (Mr. Dixon) was a very uncommon council-man on this occasion. What did he want the court to do? Why, with the precedent of two or three days already lost, he wished the court to lose two or three more. They ought to consult the great law officers of the crown, and learn from them whether they had the right to make this grant.

The hon. D. Kinnaird to order. Each individual ought to speak but once to a question. If that rule were not adhered to, the debate would never be finished.

Mr. Lowndes-" The hon. gentleman is very good; but he ought to recollect that there would have been no speaking at all if I had not got up."

The hon. D. Kinnaird said, it was not his wish, on any occasion, to do that which the hon. proprietor proclaimed to be his object; he meant, to raise a debate when none was necessary. He submitted whether, in this instance, what had been offered as the opinion of gen1lemen on different points tended to any good or proper purpose. One gentleman said the proceeding was premature; and he took that opportunity of prejudging the case, which he scarcely considered candid. Another gentleman (whose appearance in the court had not been, according to his own confession, a very favourable one, for every thing done since he came there had, it seemed, been illegal,) proposed that certain diflicult

questions should be discussed. He must regret the unfortunate coincidence which could lead any person to suppose, that the illegality of any of their proceedings arose from or was connected with that hon. proprietor's presence, but he felt that the question which the hon. proprietor had introduced could not be decided in that court. If his doubt were well founded, the evil could be remedied by parliament, and by parliament only. They had gone on in this course for some years, they had now assembled twice on the subject of this grant; and he appealed to those who had interposed their objections, whether, having declared the noble Marquis was worthy of this reward, having admitted that his conduct had given security as well as glory to the Company, they would now stop short, and postpone the measure which they had met to perfect. wished this question to be decided now, leaving any disputed points to after discussion and determination. Let them, if it were necessary, go before parliament; the legislature would, if their doubts were sustained, enable them to come forward to do justice to the noble Marquis.

He

The Chairman said, if the mover and seconder would consent to withdraw their motion, he would propose "that this court do adjourn the consideration of the grant to the Marquis of Hastings to Wednesday the 26th instant."

Mr. Hume said, he was not unwilling to withdraw his motion; but, before he did so, he must make one observation on the extraordinary statement of the hou. gent. behind him (Mr. D. Kinnaird). which statement he did not think he would have made if he had adverted to the grounds on which he (Mr. Hume) proceeded. The hon. proprietor imagined that the difficulty which was started now might have been put forth on former occasions, but that was not the case. Former accounts, when laid before them, pointed out a surplus; but by the accounts recently submitted to parliament, it appeared that they had no surplus of territorial revenue, and that, on the contrary, there was a deficiency of £22,000. He would not unnecessarily interfere with the time of court; but he would rather ascertain the right of the Company in the first instance, instead of proceeding with a measure relative to the legality of which strong doubts were entertained, because the decision those doubts might subsequently undo all that the hon. proprietor was so anxious to perform at this moment. The proceeding of the hon. proprietor was altogether irregular, and it would be better for the court at once to take a legal opinion on the point suggested, and not call the proprietors together without being quite sure

of

ment of a comprehensive knowledge of the Company's affairs, recommended to the general court of proprietors that the sum of 60,000 be placed in the hands of Charles Hope, lord president of the court of session; the right hon. David Boyle, lord justice clerk; the right hon. Wm. Adam, chief commissioner of the jury court; the right hon. David Cathcart, Lord Aberway, McDonald, and

T. W. Adam, Esqrs., as trustees thereof, to be laid out in the purchase of an estate, the fee simple of which shall be appropriated to the benefit of the most noble the Marquis of Hastings, the most noble the Marchioness of Hastings, his present wife, aud their issue, in such manner and subject to such arrangements as may seem to the court of directors best suited for their interest, and at the same time most calculated to shew the deep impression which the distinguished services of the most noble the Marquis of Hastings has made on the court of di

rectors:

"All which is submitted to the court of proprietors by way of report."

The Chairman said, he had done himself the honour of stating to the court the purpose for which they were convened, and of laying before them a resolution of the court of directors, which recommended a grant of money to the Marquis of Hastings; to which, before he sat down, he should solicit the concurrence of the court of proprietors.

In introducing the subject, he should briefly state the grounds on which he brought it under their consideration. Those grounds were, the important services which the noble Marquis had rendered the Company. The practice of the East-India Company had always been, when similar services were performed, when their enemies were defeated and their empire secured, to remunerate those, with the utmost liberality, who had been instrumental in promoting their welfare. Justice as well as policy called upon them to reward the talents and exertions which contributed to the glory and stability of their empire. In the preseut instance it had been thought adviseable to grant a specific sum in preference to an annual pension. The services of the Governor general had been acknowledged by the two distinct votes of thanks, unanimously agreed to, in both houses of Parliament; those services had been equally distinguished by the court of directors and the court of proprietors. In those resolutions the achievements of the noble Marquis were described as highly honorable to his political and military talents, while they were in an eminent degree beneficial to their Indian territories. In the first instance, the gallant marquis had received the thanks of Parliament and Asiatic Journ.-No. 43.

the Company for the glorious manner in which he had terminated the Nepal war; since which he had been greeted with similar honours, for the mode in which he had carried on, and successfully terminated, the recent arduous contest. Uuder these circumstances, he conceived it to be unnecessary for him to dilate on the events which had so repeatedly drawn forth the warmest expressions of admi ration, not merely from the Company, who were more immediately concerned, but from the whole British nation: events which had not been overlooked nor slighty estimated by the sovereign, but visited by the marks of distinction and honour from the crown. When this was the case, he sincerely hoped that the practice which had been pursued by the Company on various other occasions of benefit and renown, would not be departed from, and that the noble marquis would derive the greatest possible advantage from the adoption of so just and honorable a course of proceeding.

Having received thanks from both houses of parliament, he trusted there was no doubt but that the noble marquis would be favoured by a more substantial vote of acknowledgment from the Company, whom he had so essentially served. Such acknowledgement, he conceived, could not with propriety be refused, after the manner in which the services of the Marquis Wellesley had been entertained. He did not wish to enter into any invidious comparison between those distinguished nob'emen; but he must say that, in his opinion, the services of the Mar quis of Hastings, great as were those of the Marquis Wellesley, were not inferior to, if they did not excel them: he should, therefore hope, that the same marks of approbation and gratitude which had been bestowed on the predecessors of the noble marquis, would be extended, with equal cheerfulness and alacrity, to him.

He thought it would be impossible to read the papers which had been laid before parliament and that court, respecting the recent transactions of the Governor-general in India, without coming to this conclusion, that the Marquis of Hastings had displayed great political foresight, wisdom, and penetration, and that his military arrangements were so complete and comprehensive, he had left nothing unprovided for. His skill and ability in conducting the war could not be too highly panegyrised; so consummate were his plans, that the war terminated after a very short campaign, in a manner as glorious as it was successful. His promptitude and energy were not less to be estimated in the celerity of conquest than in saving a vast effusion of blood and

treasure.

Impressed with an high sense of such VOL. VIII. G

merits and services, which he felt convinced were as highly appreciated by the court of proprietors in general, he should move," that this court concur in the re"commendation of the court of directors, "as contained in their resolution of the "20th ult.; and that the sum of £60,000 "be accordingly granted, to be applied to "the benefit of the Marquis of Hastings, "in the mode pointed out in that resolutution, subject to the confirmation of "another gencral court."

The Deputy Chairman (A. Robinson, Esq.) seconded the motion.

Mr. Hudleston said, he had felt it his duty, as a member of the court of directors, to state, in a written paper, his objection to the proposed grant. In doing this, he was most anxious to record the view he entertained of the system which had been recently pursued in India; a system which be, in his conscience, believed was fraught with danger to the best interests of the Company. If the general court thought proper, his protest might now be read.

The Chairman-" Is it the pleasure of the court that the document alluded to by the hon. director should now be laid before them?" (Cries of read, read.) The clerk then read the following pro

test: "To the Honourable Court of Directors

of the East-India Company. "Gentlemen:-As my name does not appear to the resolution of the court of directors of the 20th ult. for the grant of a sum of money to the Marquis of Hastings, and as I was too late in offering my dissent thereto, I gladly avail myself of the circumstances of the proceeding having commenced de novo on the 5th inst., to record, in the form of a dissent to the latter, the considerations which compelled me to withhold my concurrence from the said resolution and grant, as I cannot but feel anxious to prevent the possibility of my being thought insensible to the claims and merits of that illustrious nobleman. I declare, therefore, that I dissent from the court's report of the 5th inst., and the grant therein recommended of £60,000 to Lord Hastings, or for the benefit of his family, on the following grounds: first and principally, because, with the exception of the origin of the late war in the depredations of the Pindarries, and the atrocious cruelties which they committed on the defenceless inhabitants, not having had access to the Bengal minutes of consultation, I am but imperfectly informed of the grounds on which the war was undertaken, and the dominions of the Peishwa (the late head of the Mahratta state) and a great part of those of two other Mahratta chieftains conquered, and annexed to our already overgrown, and

for its stability, in my opinion, too widely extended Indian empire. In my view of it, to agree to such a resolution is virtually to declare the war to have been just and necessary, and I am unable to pronounce so momentous a decision in the absence of all knowledge of the provocations or aggressions which led to it ; and especially as, prima facie, it would not seem likely that the native states would voluntarily seek a contest with the British power, after having so dearly acquired experience of its strength.

"I know indeed, in common with the public, and no one can more highly appreciate the consummate ability displayed by Lord Hastings in the whole of his military conduct, and in the arrangements by which the war was so rapidly brought to a successful termination; but success affords no criterion by which to decide ou the moral character of a war, or of the cause in which it was waged: it cannot justify a war undertaken on any other principle than self-defence, as, on the contrary, no sinister result of one undertaken solely on that principle can lessen its claim to approbation; and unless the issue of this question can be decided in favour of the party which engages in war, battles and victories may secure only immediate safety, without leading to any permanently beneficial result. I object, therefore, to the whole proceeding, principally on the ground of its being premature; and the validity of this ob. jection may, I think, be deduced from the terms in which the report is expressed, and may be thus demonstrated, namely, if we have grounds before us to pronounce the late war to have been just and necessary, and the consequence of unprovoked hostility and aggression on the part of the native states, the report, as it is framed and expressed, is essentially defective; and if, on the other hand, we have as yet no information to enable us so to characterise it, the pecuniary grant, however suitable and proper it may hereafter appear, is, at the present moment, premature, from the silence of the report on those essential points. The inference is, I think, unavoidable, that the proper time for bringing forward such a measure is not yet arrived. Indeed I am of opinion that the general result of a governor's administration or system of conduct must be known before its merits can be duly appreciated, and consequently that we should wait for its close before we bestow on it either profuse encomiums or extraordinary rewards. As yet, the only means I have had of forming a definitive judgment on the momentous points above referred to, have come to me through the channel of a published address by Lord Hastings to the inhabitants of Calcutta, which can hardly be considered an of