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obSERVATIONS ON THE COURT's DRAFT, No. 128. staff of the army, or to the personal staff of the governor-general. iO4. With regard to the imputation of contumacious disobedience of orders in this case, it is perfectl evident, from the facts and arguments as herein : that the governor-general in council acted under a sincere conviction that the military business of the council could not proceed if the court's order were carried into execution. In such a case the situation of the governor general in council would be dangerous indeed, if he should be deemed guilty of disobedience of orders under the law. 105. In the 27th paragraph of the letter in the military department, dated the 30th September, 1801, the governor-general in council informed the court of directors that he had appointed captain Merrick Shawe to be military secretary to the governor-general, and to the captain-general and commander-in-chief of the forces. Since that period of time captain Shawe performed the duties of military secretary to the governorgeneral, and to the captain-general, with great diligence, zeal, and ability , but without receiving any salary in either of the capacities until the nonti, of May, 1802. 106. At the period when captain Shawe was appointed to these situations, (on the 29th of July, 1801) the governor general was preparing to proceed to the upper provinces, and although his lordship, at that time, had it in contemplation to establish a salary for the military secretary proportionate to the increased duties of the situation, he was unavoidably prevented, by the pressure of other public business, from stating and recording in council the sum which he deemed to be adequate to the augmented labour and responsibility of the office. 107. The governor-general deemed it to be advisable to consolidate the duties and authority of the captain-general as far as might be practicable, with the duties and authority of the governor-general in council, and he had accordingly directed various returns, reports, and informations, on several points respecting his majesty's troops in India, to be transmitted to the governor-general in council, in the military department; a variety of references and applications however must be made to the captain-general, which it is unnecessary to record on the proceedings of government, but to which the public service requires immediate attention. 108. The governor-general, at an early period of time, found it impracticable to carry on the duties relative to the army, which the station of captaingeneral necessarily imposed, without constituting a military office of record under an officer immediately attached to his person. The governor-general, since that time, found the duties which devolved on him by the appointment of captain-general, particularly during his progress to the upper provinces, and during his residence at the military, stations, considerably to exceed his first expectations in that respect. 109. The nature of the duties to be perfosmed s t
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the military secretary to the captain-general, requires,
110. The salary hitherto allowed to the military secretary to the governor-general was only 300 rupees. 36l. a month, exclusive of the pay of his regimental rank, and the batta of major. When the duties and responsibility of the person holding the office are considered, the low scale on which the salary was *; blished can be ascribed only to the circumstance the military secretaries of former governor generals having generally, if not invariably, at the same time, held other offices of considerable emolument.
I 11. The governor-general in council deemed it to be reasonable and proper that a consolidated salary of 1500 rupees per mensum, 1851 should be granted to the military secretary of the governor-general and captain-general, and that the separate salary of 300 rupees a month, as military secretary to the governorgeneral, should be abolished. The salary of the military secretary was accordingly fixed at that amount, exclusive of the pay of his military rank, and the governor-general further directed that captain shawe, the actual secretary, should receive the increased salary of 1500 rupees per month, from the period of the commencement of his augmented duties as secretary to the governor-general, and to the captain-general of the forces.
112. The minute of the governor-general, on the subject of the augmentation of the s "ary of his military secretary, is recorded on the precedings of the 6th of May, 1801.
ll 3. #: court of directors, however, having, in their general letter of the 20th of Jone, 1804, disapproved of the salary established for the military secretary to the governor and capto-general, the governor-general in council, in the north of May, 1805, rescinded his former orders on this subject, and directed the salary of the military se, retary to the governor and captain-general, to be reduced to the sum of 1003 rupees, 1251. per mensum, exclusive of his military pay; the scale which has been fixed by the court of directors.
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Allowances to the military secretary, previously to lord Wellesley's arrangement.
Military secretary to governor-gen.
Allowance for writer and stationary, drawn by major Ross, secretary to lord Cornwallis
If the military secretary be a lieut.-col. 314 || Established allowance 514 450 | Full batta of lieutenant-colonel 600 Writer and stationary, as above 150
Rupees 1064 or 1831. per month, exclusive of pay, gratuity, &c.
or 1141 per month, exclusive of pay, gratuity, &c. Allowances as fixed by lord Wellesley, 1500 rupees,or 1871, pr month exclusive of pay. Ditto as fixed by the court's last order, 1000 rupees or 1251.pr. month exclusive of pay.
10th. Allowance to colonels Harcourt and Monson, charged with dispatches to Furope, and pleading the case of capt. Madan as a precedent, notwithstanding the orders of the court, that captain Madan's case should not be considered as a precedent.
* Adjutant-gen, king's troops Ditto of company's troops
116. The governor-general in council having dispatched lieutenant-colonel Monson to Europe, in charge of advices to the court of directors, considered it to be reasonable to allow lieutenant-colonel Monson the pay and allowances of his regimental rank, to be drawn in India by his agent, on producing a certificate of lieutenant-colonel Monson being alive. The governor-general in council, however, restricted the authority for paying those allowances to the period of twelve months from the date of lieutenant-colonelMonson's embarkation for Europe. At the same time it was deemed to be proper, consistently with the general principle established with respect to staff-officers proceeding to Europe, that the extraordinary allowance, drawn by lieutenant-colonel Monson, as commanding officer of his majesty's 76th regiment, should not be drawn by him during his absence ; such allowance was of course drawn by the officer in the actual command of the regiment. Pay per month. rup. 2,250, or 2811. 2,250,
Establishment per month.
Auditor-general 3,484, or 435l. under establishment for office, Military secretary to the comman- &c. der in chief - 2,404, or 300l.
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117. The rule above prescribed, in the case of lieutenant-colonel Monson, is similar to the rule established by lord Cornwallis, by his lordship's minutes, recorded on the proceedings of the 2d August, 1792, on the occasion of his lordship having deputed captain Madan to proceed to Europe with public dispatches.
118. The same rule was applied to lieutenantcolonel Harcourt, of his majesty's 12th regiment, who proceed to Europe overland in charge of the governorgeneral's public dispatches. Lieutenant-colonel Harcourt was accordingly considered to be entitled to the pay and allowances of his regimental rank only, for twelve months from the date of his embarkation at Bombay.
s 119. The preceding arrangements cannot be
11th. Postponing the dissolution of the college, with the express design of obtaining a reversal of the order for its abolition. The court observe, that there was no necessity for an instant decision on this subject: the institution ought to have been referred to their consideration, as the natural guardians of the young men who were to become students; and, therefore, that, by the establishment of the
deemed irregular, since it would be unjust to deprive
* Vide letter to Bengal, Public Department, par. 4, 5, and 6. + This letter, together with various important official documents relative to the COURT's DRAFT, No. 128. vollege without reference to them, it appears to have been lord Wellesley's intention to supercede the deliberation of the court. The court also observe, that no regular statement of the annual expense has been sent home; but that they find, from the annual estimates, that the establishment and the expenditure were excessively
12th. Ordering the permanent settlement of the revenues at Fort St. George, without the previous sanction of the court, against which reference no necessity or expediency could justly be pleaded.
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rt sollege, may be seen by reference to a book priated by Cadell and Davies, will * College of Fort William in Bengal.”