COURT'S DRAFT,
No. 128.

3d. The appointment of Mr. Ewer to be sole commissioner at Bencoolen, instead of a commission of three persons as ordered by the court.

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No. 128.

assumed the command of the recruits, and other passengers, stationed on the poop) acted with the most distinguished gallantry in defence of the Kent, and resisted the enemy from the fore part of the poop and mizen chains, for some time after they had obtained possession of other parts of the ship.

40. Captain Pilkington was dangerously wounded on that occasion, and suffered a long and painful confinement after his arrival at Calcutta. At the period of captain Pilkington's departure from India (February, 1803) he had not recovered from the wounds which he received in defence of the company's ship the Kent, and the consequences of these wounds will probably affect him during the remainder of his life.

41. The services and sufferings of captain Pilkington, in defence of the property of the company, appared to lord Wellesley to entitle that officer to the favourable consideration of the company. His lordship was of opinion, that it would establish a precedent of great injury to the public service, if captain Pilkington should suffer in his private fortune from the effects of a calamity, which would have been averted by his courage and perseverance, if any exertions could have saved the Kent on that lamentable occasion.

42. Under these circumstances, the governorgeneral in council was induced to determine, that the actual loss sustained by captain Pilkington, in consequence of the destruction of the Queen, and the capture of the Kent, ought to be allowed to that officer, as a proper testimony of the justice and honour of government, and as a salutary example to the public service. The governor-general in council, therefore, directed, that the sum of 5947 rupees, or 7401. being the difference between the amount of his losses, and the sum already allowed on that account, should be paid to captain Pilkington, under an engagement, however, that he should repay the amount in England, if he should be ultimately required to refund this sum by the authority of the court.

43. It is impossible to understand how the term of "wanton expenditure" can be applied to this transaction, which appears to have been founded on the strictest principles of justice, and to have been consistent with the orders of the court, in subjecting the whole arrangement to the final sanction of that authority.

44 On the 17th December, 1799, the governorgeneral recorded a minute in the political department, in which lord Wellesley, adverting to the dispatches from the court of directors, under date the 29th May, in the public department, on the subject of the affairs of Fort Marlborough, informed the board, "that the abuses and mismanagement, which had prevailed in every branch of the administration at that residency, had attracted his most serious attention, previous to the receipt of these dispatches, and that he had determined to appoint a commissioner to investigate the state of the company's affairs at Fort Marlborough,

and

COURT'S DRAFT,
No. 128.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

and to propose that Mr. Ewer should be appointed to

that trust.

45. At the same time Lord Wellesley stated his opinion, "that no time should be lost in giving effect to the court's orders; and accordingly proposed, that Mr. Ewer should be appointed commissioner for the affairs of Fort Marlborough, with such powers and instructions as the members of council think proper."

46. The governor-general also observed, "that if any other persons were joined with Mr. Ewer in the commission, his departure would thereby be considerably delayed, and the measure would also be attended with a considerable additional expense, as it would be necessary to allow any of the company's servants at the presidency, of Bengal, who, from their rank and character, might be eligible to such a situation, a salary equal to Mr. Ewer."

47. The governor-general at the same time acknowledged, that neither the considerations of delay or expense should prevent his proposing other persons being joined in the commission, in conformity to the orders of the court of directors, did the measure appear to him calculated to answer the views of the honourable court; but it was manifest, he thought, from the nature of the proposed investigation, than an unity of authority was essentially necessary to its success."

48. "By including more than one person in the commission, the enquiry would be unavoidably protracted, and opportunity be afforded to the parties interested, of exciting differences of opinion among the members of the commission, which would at least have the effect of greatly retarding the investigation, if not rendering it altogether abortive."

49. The board, concurring in the opinion and proposition of the right hon. the governor-general," it was resolved, that Mr. Ewer be appointed commissioner for the affairs of the residency of Fort Marlborough, with a salary of 2000 sicca rupees per month, and that he be permitted to charge all his expenses

COURT'S DRAFT,
No. 128.

4th. Pension to Mr. Scawen, of 12,000 rupees per moum, instead of appointing him to an office with a salary not exceed ing that sum as directed by the court, and without ass going any reason to the court at the time for so doing.

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No 128.

which the governor-general in co neil was to communicate to the commissioner such parts as he might deem necessary for the commissioner's information and guidance."

51 Accordingly there is an answer from the court to the commissioner's letter dated 13th April, 1800, in the first paragraph of which the commissioner reports his arrival at Fort Marlborough, and having taken charge of the residency, which paragraph the court notice by the following observation-" Needs no reply."

52. Mr. Scawen had been regularly appointed, previously to Lord Wellesley's arrival in India, to the office of military auditor-general, conformably to the repeated orders of the court of directors; and, for the period of time during which Mr. Scawen held that situation, he enjoyed the established yearly salary of the office, amounting to 40,000 rupees, or 50001.

53. The court, in the 4th paragraph of their letter of the 1st of March, 1797, (after directing that Captain Robinson should be appointed to the office of military auditor-general, and that Mr Scawen would resume the station of deputy) authorized the employment of Mr. Scawen," as he has been so long in the company's service," in any other office for which he might be deemed to be better qualified, with a salary equal to, but not exceeding, the amount of the salary of the commissary-general, as fixed by the court's orders of April, 1788. This salary was 12,000 rupees, or 15001. per

annum.

54. Mr. Scawen's habits and state of health however precluded the possibility, not only of his performing the duties of deputy mi itary auditor- eneral, with any degree of benefit to the public service, but of his serv ing the company in any other official capacity

55. The governor-general was therefore reduced to the necessity of employing Mr. Scawen in ocial stations, for which that gentleman was utterly disqualified, of abandoning him to the most desperate state of poverty and distress, or of granting to him an adequate allowance unconnecte i with any official duty. Adverting to Mr. Scawen's claims, arising from his repeated nomination to the office o auditor-general by the court, to the nature of his removal, (grounded on no imputed misconduct, but solely on the necessity of the public service) and to Mr. Scawen's notorious incapacity for any active sation, the governor-general in council determined to allow Mr. Scawen the monthly stipend of 1000 rupees, the salary annexed to the office of commissary-general, in 1788, until the pleasure of the honourable court should be received.

56. The amount of this allowance was regulated by the principle stated in the 14th paragraph of the general letter from the court, dated the 4th of March, 1797

57. Mr. Scawen's case came under the consideration of the governor-general in council, on the 24th December, 1798, at the moment when the public

service

COURT'S DRAFT, OBSERVATIONS ON THE COURT'S DRAFT, No. 128.

No. 128. service demanded his immediate presence on the coast of Coromandel, for the parpose of counteracting the hostile machinations of the late Tippoo Sultaun. Lord Wellesley actually embarked for Fort St. George, on the 25th December, 1798. The nature and amount of the allowance, granted to Mr. Scawen, are so evidently conformable to the spirit of the court's commands, combined with the exigencies of the public service, and with considerations of justice and humanity, that no particular explanation of the arrangement appeared to be necessary for the information of the court, who, in their letter of the 7th of May, 1800, stated, " that when the governor-general's reasons for recommending an allowance of 1000 Sicca rupees per month to Mr. Scawen, late military auditor-general, should be communicated, the court would take the same into their consideration, observing, however, that the reasons for so considerable at allowance should have accompanied the recommendation."

58. The governor-general, in the usual course of business, would have submitted the preceding detail at an earlier period of time, if his attention had not been entirely engrossed by a succession of events and occupations, which appeared 10 him to be infinitely more important to the interests of the honourable company in India.

59. This expłanation was transmitted to the court on the 28th May, 1801. The allowance, granted to Mr. Scawen, however, had ceased to be a charge on the company, that gentleman having died, at Seram

pore, on the 20th October, 1800. 5th. Increase of salary 60. In the court's letter, of the 10th June, 1801, to the advocate-general, the court observe: “ Having taken into our conside from current rupees 30,000 ration the representation in your law letter of the 2d per annum, to Sicca ru- September, 1800, of the merits and abilities of Mr. pees 3000 per month. Burroughs, our advocate-general, we have agreed, for

the reasons assigned in the governor-general's niinute referred to therein, to confirm your resolution for augmenting Mr. Burroughs's salary to rupees 3000 per month, to take place from the 1st May, 1798, which, we are of opinion, is a very adequate remuneration for his services. We must, at the same time, object, in the inost decided manner, to your having made this augmentation to the salary of the advocate-zeneral, without previously submitting it to our considera tion; and direct that, whenever you shall be of opi. nion, that the salary annexed to any office is not ade quate to the duties to be performed, that you represent the same to us, and wait our ultimate decision upon the propriety of such angmentation, before you authorize it to be carried into execution."

61. This increase of salary was therefore approved by the court, no inference can be drawn from the proceedings, of any intention on the part of the governor-general to disobey the orders of the court, por even of any improper exercise of legal discretion, since the court confirmed the salary, and has never ripce censured, or even mentioned, the transaction.

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No. 128.

6th. Appointment of Mr. Strettell to be advocate-general, without declaring it to be subject to the confirmation of the Court.

7th. Pension to Mr. Teretta, without any con dition of the court's approval.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

62. In the letter from the court of directors, public department, to the governor-general in council, dated 17th December, 1802, it is stated, "we observe by your consultations, dated 7th January, 1801, that Mr. Strettell is appointed to fill the office of advocategeneral, vacant by the return of Mr. Burroughs. We have no doubt that, in making this appointment, you had in view our orders, dated the 4th August, wherein we directed that such appointmnents should be provisional only, and subject to our approbation. We, therefore, approve of the same as a provisional appointment only, and direct that Mr. Strettell shall hold the office, and receive the salary which attaches to the same, until the arrival of the person whom we have appointed to succeed Mr. Burroughs in Bengal, when Mr. Strettell must cease to execute the duties of the office, and will resume his station of first counsel to the company."

63. It is impossible to conceive the grounds on which the appointment of Mr. Strettell can be stated to an act of disobedience or disrespect; it was not necessary to enter upon record the word "provisional," in order to enable the court to revise the appointment; Mr. Strettell being first counsel to the company, was the person who stood next to Mr. Burroughs, and being well qualified for the office, was, therefore, of course, appointed to succeed him upon his departure from

India.

64. In conformity to the orders of the court, Mr. Strettell continued to hold the office of advocategeneral until the arrival of Mr. Smith, the gentleman appointed to succeed him, and then Mr. Strettell resumed his station of first counsel to the company.

65. The reasons which induced the governor-general in council to grant a pension of 532 rupees, or 661. per mensem to Mr. Teretta, are recorded in the public proceedings of the government, dated 14th October, 1801. Mr. Teretta was far advanced in life, had held the appointment of civil architect for twenty-two years, and had served the company for many years with great propriety and advantage to the public service. By a report from the magistrates of Calcutta, dated 28th September, 1802, it appeared that Mr. Teretta received the following allowances. Chargeable to the assessment) Mr. Teretta, su-) rup. department under his majesty's justices of the peace.

Chargeable to government in

perintendant of roads per month.

700

Ditto, ditto, as) 232 civil architect.

the department of po- Mr.Blechynden. 300

po