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courT's DRAFT,
No. 128.

8th. Continuance of saptain Hook in the office of secretary to the government in the military department,notwithstanding the court's orders for his removal; and the appointment of captain Hill to be sub-secretary in that department.

OBSERVATIONS ON THE COURT's DRAFT, No. 128 66. The magistrates of Calcutta observed, that if the governor-general in council should grant a pension to Mr. Teretta, they were of opinion, “ that Mr. Blechynden appeared to them to be, in every respect, the person best qualified to succeed him, in which case, he would, of course, receive the salary attached to the office of superintendant of roads, amounting to Sicca rupees 700 per month, which was fixed at a general session of his majesty's justices of the peace.” 67. “Under that supposition the magistrates observed, the sum of 532 rupees would remain out of the fund above-stated. The whole, or such part of that sum, as his excellency in council might judge to be proper, might, consequently, be granted to Mr. Teretta, as a pension for his life, without increasing the public expenditure.” 68. Under these circumstances the gove nor-general in council directed the office of civil architect and assistant to the civil architect to be abolished, and a pension of 532 rupees per month to be granted to Mr. Teretta for his life. The governor-general observed, at the same time, that, on the decease of Mr. Teretta, it would probably be found to be practicable to save the above-stated expense of 532 rupees per month to government. 69. In the 102d paragraph of the letter from the court of directors, of the 26th March, 1801, the court of directors observe, “from the observations and suggestions in lord Cornwallis's letter to us of the 6th March, 1788, we yielded our assent to the office of secretary to the military board being occupied by a military man. But the reasons which were urged, in favour of that measure, do not apply to the secretary to your government in the military department, more especially as the annual list and returns, formerly transmitted to us by the late colonel Kyd, are now furnished through the adjutant-general and townmajor's offices. We therefore direct, that you reconsider your recent appointment of lieutenant Hook to be secretary of your government in the military department, for the purpose of conferring that appointment upon one of your civil servants.” 70. On the 20th June, 1804, the court, in the 147th paragraph of their military letter, again “ directed the governor-general in council to reconsider the appointment of captain Hook to be secretary in the military department, for the purpose of conferring that appointment on one of the company's civil servants, and disapproved of the appointment of captain Hill to be assistant-secretary in the military department.” 71. The orders of the court did not appear to be of that positive nature to require obedience without consideration of the convenience of the public service in India at the time when they were received. In the interval of time, which elapsed between the date of these orders, the urgency of public affairs prevented the possibility of making any revision of the offive of military secretary to the government. In the years'

GOURT'S DRAFT,
No. 123.

observations ON THE COURT's DRAFT, No. 128. years 1802 and 1803, captain Hook was most usefully and laboriously employed in revising the military expenses of India, under the immediate orders of the governor-general, which revision and its result were highly approved by the court of directors, in their letter of the 20th June, 1804. The Mahratta was afterwards rendered it impracticable to attempt any alteration in the office, even if it had been deemed advisable to have appointed a civil servant to that situation. 72. On the receipt of the orders of the court of directors, of the 26th March, 1801, the governorgeneral directed his particular, attention to the objects of the arrangement, by which a military officer was appointed to conduct the duties of secretary to the government in the military department. The governorgeneral in council also directed his particular attention and observation to the progressive effects of that arrangement, since the receipt of the court's commands of the 26th March, 1801. It has already been stated, however, that the situation of public .. and the pressure of unavoidable important public business, prevented the governor-general in council from submitting in detail the result of his revisal of the proceedings of the supreme government, in 1798-9, for employing a military officer to conduct the details of the business in the office of secretary to the government in the military department. No inconvenience to the public service, or to the interests of the honourable, company, had been occasioned by the delay which had unavoidably occurred, in submitting, for the sonsideration of the court, the result in detail of the governor-general in council's most deliberate and attentive review of this subject. 73. The governor-general in council, on the 24th January, 1805, proceeded to reply to the court's orders of the 20th June, 1804, and to state to the court the circumstances which had compelle “the government to adopt the measures now under ceasideration, contained in the following extracts, from the proceedings of the supreme government. These proceedings will demoustrate, that the measure was not adopted without the fullest consideration, nor until experience had fully proved, that its adoption, or rather the revival of the measure, was absolutely and indispensably necessary for the proper performance of the duties of secretary to the government in the military department, Extract of a minute by lord Cornwallis, governorgeneral, dated the 27th of July, 1787. “The detail of the arrangement of the secretary's office, I propose shall continue as at present: viz. that there should be assistant secretaries for each of the departments of secret, public, and revenue, who will act under the orders of the secretary-general. “For the military department, there is at present a distinct secretary. The board may, at some future period, deem it proper to place this office on the same footing with the others, but as this alteration at preseat would only affect the name, and aot the business, $.

court's DRAFT, No. 1 28,

OBSERVATIONS ON THE COURTS DRAFT,
No. 128.
I do not propose it from respect to colonel Kyd, whe
now occupies this post, both on account of his ank,
and because his private and public character equally
entitle him to the attention of the board, and to
general esteem.” -
Extract from the proceedings of the governor-general
in council in the secret and separate departments,
dated 51st January, 1788.
“The present arrangement of the secretary's office,
actually suggests the propriety of rendering the office
(secretary to the military départment of inspection)
dependant upon the secretary. This consideration
occurred when that arrangement took place, but the
high rank and respectable character of lieutenant-
colonel Kyd, were inducements to the board to sus-
pend any alteration in the office under his control.
The same arguments now oppose it; but as the board
mean to form a permanent plan and connected system
for conducting the business in general, they deem it
necessary to declare all the outlines of it to be com-
pleted at a future period, although objections should
prevent the immediate adoption of it; and upon this
principle, it is resolved, that whenever lieutenant-
colonel Kyd should vacate his present office, his succes-
sor shall receive no other appointment than sub-secre-
tary to the military department, with the same allow-
ances as the sub-secretaries to the other departments.
The nature of the business transacted in it suggests the
propriety of its being filled by a military officer.”
Extract from the proceedings of the government in
the military department, dated the 3d July, 1793.
“The decease of lieutenant-colonel Kyd making a
vancancy in the office of the secretary to the m'htary
department of inspection, the governor-general in
council refers to the proceeding held in the secret and
military department on the 31st January, 1788, when
it was determined, that lieutenant-colonel Kyd's suc-
cessor should receive no other appointment than sub-
secretary to the military department, with the same
allowances as the sub-secretaries to the other depar.-
ments, and that the nature of the business transacted
in it suggests the propriety of its being held by a
military officer; but as, on a further consideration,
the appointment does not appear to the board to be
necessary, they agree to abolish it altogether, and that
the secretary to the government shall be instructed to
take charge of the records in colonel Kyd's office, and
place them in his own, where most of the duties origi-
nally allotted to the secretary to the military depart-
ment of inspection, have been conducted for some
years.”
Extracts from the proceedings of the governor-general
in council, of the 19th of December, 1796.
“The secretary reports that the first assistantship in
the secret and military department in the office of
secretary to the government is vacant, and in conse-
quence of the great increase in the business of the
latter department, unavoidably occasioned by the
late

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oBSERVATIONS on THE courT's DRAFT, No. 128. arrangements, as well as the nature of the details of it; he begs leave to suggest that a separate assistant be appointed to this department, and that the person nominated be a military officer. “The governor-general in council approving of the suggestion of the secretary, resolves, that lieutenant L. Hook be appointed first-assistant in the military department in the office of the secretary to the government.” 74. From these cztracts it appears, that previously to the year 1787, a military officer was established as a distinct secretary to the government, for conducting the details of the business of the government in the military department. The arrangement, therefore, which was adopted by the government in 1796-7, and pursued in the arrangement of 1798-9, was only a revival of the principle, which had previously been established, but which had been suspended for a time in the year 1793; and was not the establishment of a new principle. 75. It may also be observed, that during the administration of lord Cornwallis, the governorgeneral in council, on the 21st of January, 1788, recorded his opinion, that the separate office of subsecretary to the government in the military department was necessary, and that it was then resolved, “that whenever colonel Kyd shall vacate his present office, his successorshall receive no other appointment than sub-secretary to the military department, with the same allowances as the sub-secretaries to the other departments. The nature of the business transacted in it suggests the propriety of its being filled by a military officer.” 76. The government on the decease of lieutenantcolonel Kyd, deemed it necessary to carry into effect the arrangement determined on by the resolutions of the 31st January, 1788, as far as related to the appointment of a sub-secretary for the conduct of the business in the military department, and accordingly, on the third July, 1793, that appointment was also abolished, and the secretary-general was instructed to take charge of the records in the office of the late lieutenant-colonel Kyd. 77. From that period of time (July, 1798) the performance of the duties of the military department devolved, in a great measure, conformably to the resolutions above adverted to, upon the secretary to the government, until the month of December, 1796, when it was found indispensably necessary to the due and proper performance of the details of the duties in the military department of the government, which had been greatly increased by the military arrangements, to revert to the original established principle, | which the conduct of the details of the business of the government in the military department was committed to a military officer, (the propriety of adhering to which principle is formally record lord Cornwallis, in his minute in council of the 31st of January, 1788,) and accordingly to call in the • C assiste

COURT's DRAFT,
No. 128.

OBSERVATIONS ON THE COURT's DRAFT,
No. 128.
assistance of a military officer. It is, therefore, obvious,
that the measure of again bringing a military officer
into the secretary's office was not reverted to in 1796,
until after an experience of nearly four years of the
contrary system, adopted in July, 1793, 'no doubt
under the expectation, that the details of the duties of
the military department would be properly conducted
without the assistance of a military officer.
78. The experiment of having the duties performed
without the assistance of a military officer was con-
tinued the greater part of the time during the same
administration, which, after a trial of nearly four
years, found it indispensably necessary to require the
assistance of a military officer for the conduct of the
duties of the military department. The measure was
not, therefore, carried into execution without the
fullest consideration, and without the fullest convic-
tion, that its adoption was essentially necessary to the
proper performance of the public business, and the
adoption of the measure and revival of the original
principle were dictated by practical experience. The
adoption of the measure, therefore, could not have
been postponed by the governor-general in council in
1796, without a dereliction of public duty.
79. On the arrival of the governor-general, lord
Wellesley, in Bengal, from Europe, in the month of
May, 1798, his lordship found a military officer act-
ing in the secretary's office, and conducting the details
of the duties in the military department. This officer
was promoted to the situation of sub-secretary in the
military department on the 31st of August, iT98, on
the grounds stated in the following extract of the
governor-general's minute, recorded in council on
that date. -
“The great increase of the details in the military
department, renders it necessary that this department
should be separated from the secret and political depart-
ments, and that an additional sub-secretary should be
appointed for the immediate superintendence of those
details.”
“The governor-general accordingly proposed, that
lieutenent L. Hook, head assistant in the military
department, be appointed sub-secretary in that depart-
ment.”
80. In pursuance of the same principle, the sub-
secretary in the military department was promoted
with the other sub-secretaries to the government, to
the situation of secretary to the government in the
military department, in the arrangements of the 29th
of October, 1799.
81. The original appointment of the present
secretary, in the military department, to the office of
the secretary to the government, was not a matter of
favour; it was founded on direct public grounds, and
on the absolute necessity of the measure, with a view
to the performance of the public business in the
military department, which experience had fully
proved to the government, could not be properly
performed

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