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

the military secretary to the captain-general, requires,
that the person holding the office shall possess not only
an extensive knowledge of military details, but also
those qualifications which shall entitle him to that
decree of confidence which must necessarily be placed
in the person entrusted with the duties of such a sta-
tion. It is, therefore, an object of importance to the
public service, and to the governor-general, that he
Should be able to command the services of an officer
properly qualified to fill the station of military secre-
tary; and as the officer, holding the appointment of
military secretary of the captain-general, must necessa-
rily devote his whole time and attention to the duties
of that situation, and cannot receive, from any source,
those allowances which the extent of his duties, and
the responsibility of his station, so strongly demand;
the governor-general in council had no hesitation in
stating that this officer ought to be placed, with
regard to allowances, on a respectable footing.

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.

114. On

COURT's DRAFT,
No. 128.

OBSERVATIONS ON THE COURT's DRAFT,
No. 128.
114. On reviewing all the circumstances of the case,
with reference to the extended, laborious, and impor-
tant duties performed by the military secretary to
the governor-general and captain-general, and to the
amount of salaries established by the court, for offices,
under the presidency of Bengal, no doubt can be
entertained, that the salary established by the court
for the military secretary to the governor and captain-
general is inferior to the general standard," and conse-
quently inadequate to the extended responsibility of the
duties performed. In fact, the salary, as established
by lord Wellesley in May, 1802, was considered to be
inferior to the amount at which it ought to have been
permanently fixed, with reference to the laborious and
increasing duties of the office.
115. It is difficult to understand how this transac-
tion can be stated to involve a question of such impor-
tance, as to have required previous reference to the
court; the order of the court was executed when
received, and the difference of salary to the military
secretary was as follows, under the two plans.

Allowances to the military secretary, previously to lord Wellesley's arrangement.

Military secretary to governor-gen.

Established allowance
Full batta of major

Allowance for writer and stationary, drawn by major Ross, secretary to lord Cornwallis

Rupees

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

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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.
Rup. 570, or 711.
1,266, or 1581.

Auditor-general 3,484, or 435l. under establishment for office, Military secretary to the comman- &c. der in chief - 2,404, or 300l.

COURTS DRAFT,
No. 128.

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

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
officers, employed on public duties, of the pay and
allowances which they are entitled to receive in any
art of the world, as long as they may be employed
in the public service. The court of directors resolved,
on the 4th of May, 1803," to defray colonel Monson's
passage to Bengal, according to the regulations esta-
blished for officers of his rank, and in reply to colonel
Monson's application to have his pay and allowances
as commandant of the 76th regiment continued to the
day of his arrival in Bengal, directed the government
of Bengal to decide the question by the regulations
of his majesty's and of the company's military service.
The governor-general certainly was of opinion, that
the public service required the care of the officers
specially appointed to take charge of the dispatches
in question; and that the importance of the dispatches
demanded such special care. It cannot justly be infer-
red, as a F. of a systematic design to assume irre-
gular authority, that he fixed the scale of their allow-
ances for that service. The court's proceedings upon
the case of colonel Monson, would have induced the
governor-general to believe, that no material objection
had occurred to that arrangement.
120. The reasons which induced the governor-
general in council to found the college at Fort William,
are fully stated in his notes, under date the 18th
August, 1800. It was impossible for the governor-
general to suppose, that such an institution could prove
otherwise than satisfactory to the court of directors;
and the mode of providing for the expenses of the
college was stated in the letter from the governor-gene-
ral in council, 30th July, 1801.
121. The motives of public duty which induced
the governor-general in council to direct, that the
order passed by the government of Bengal for the
abolition of the college of Fort William, should not
take full effect until the 31st December, 1803, are
fully stated in the public proceedings of the govern-
ment, and in the governor-general's letter to the chair-
man,

* 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

great.

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.

oRSERVATIONS ON THE courT's DRAFr,
No. 128.
man, dated August, 5, 1802. Par. 110 to 129, both
inclusive.
122. It is only necessary, therefore, to observe in
this place, that in consequence of the governor-gene-
ral's letter of the 5th August, 1802, the court of
directors, in a letter under date the 2d September,
1803, state, that “they had given the most serious
attention to this subject, and after maturely weighing
all the arguments adduced by his lordship, although
they differed from him in several of the positions
he had laid down, yet, having in their former orders
left a reserve for the future re-establishment of a
college, and their finances being not then under a
pressure equally severe as they were at the former
period, they, on these considerations, and under all
the circumstances of the case, were led so far to
acquiesce in his lordship's desire, as to direct that the
institution be continued until further orders.”
123. Adverting to the final determination of the
court for continuing the college, it appears that the
suspension of the original order admitted that result,
which was the ultimate effect of the court's mature
deliberation. It seems extraordinary to impute con-
tumacy to the governor-general in this transaction.
124. The expenses of the college during the first
year, ending on 31st October, 180i, were stated by
the governor-general in his letter to the chairman of
the 5th August, 1802, to be 6,30,000 rupees, or 78,850l.
and the future annual expenses were estimated at from
three and a half lacs to four lacs of rupees per annum.
By a letter from the governor-general in council, dated
.5th June, 1805, relative to the college, it appears that
the expenses of the college had been gradually reduced
to rupees 3,38,988, or 42,3731. per annum, and that
a further revision took place previously to lord Welles-
ley's departure, by which the future annual expendi-
ture was paid at rupees 2,07,660, or 25,9571. These
reductions arose principally from the separation of the
writers of Madras and Bombay, from the institution
under the court's orders.
125. In the general letter, judicial department, dated
23d May, 1798, from the court of directors to the
governor-general in council, the court observes, “that
from the experience which they had had of the good
effects of the judicial and revenue arrangements esta-
blished at the presidency of Bengal, they were extremely
desirous, as far as local circumstances would admit, of
seeing the same system introduced upon the coasts of
Coromandel ang Malabar. They were sensible, how-
ever, that the defective knowledge of the real resources
of those countries, the turbulent disposition of the
principal rajahs, and the little progress that had been
made in establishing the company's authority, so as to
make it felt and esteemed, rendered it improbable that
the completion of that important object should be
obtained as soon so was to be wished, for the prospe-

rt sollege, may be seen by reference to a book priated by Cadell and Davies, will * College of Fort William in Bengal.”

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