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ed, it was easier to state principles and suggest improvements on those points, than to understand all the details connected with them.

The hou. director hoped he should be permitted to say a word or two on another point which the hon. proprietor had adverted to. In introducing it the hon. proprietor was certainly out of order, and perhaps on another occasion he would not have done so. He alluded to the proposition for setting aside a portion of their patronage for a particular object. The subject was of more magnitude than the hon. proprietor seemed to be aware of. If they adopted the principle of regularly introducing the descendants of their military officers to the service, it became a matter of chance whom they provided for, since the right of discrimination would be taken from them. And why should they not give appointments to the children of their civil as well as of their military servants? In that case, the whole patronage would be devoted to the civil and military servants of the Company, all other parties would be excluded: a proposition which even the hon. gentleman himself would not be hardy enough to support. He (Mr. Grant) contended that it would at least be a very unwise principle to introduce, for the moment those rewards were made hereditary they would be considered in a very different point of view from what they were at present, when it was known that they could only be secured by merit. On this ground he would oppose any propoposition of the kind alluded to. Because individuals were in their service, they certainly ought not to be excluded from benefits of this description; but, on the other hand, he could not admit that circumstance as any practical recommendation. When gentlemen came forward to state the merits of individuals, who had been twenty, thirty, or forty years in the service, and who had many children, he was ready to admit their merits, and to applaud them; but still he must observe that the service of the Company was in itself a boon, and in granting it they had been conferring on those persons a benfit from the very beginning. The Company had done them and their families a very great service, and he did not think they were afterwards bound to take care of their descendants. On private and public feelings he would oppose such an innovation, calculated as it was, to produce inconceivable mischief. With respect to the appointment in the examiner's office, if it were brought forward in a more tangible shape, in the form of a proposition, every information would be given relative to it.

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Mr. Howorth pledged himself to bring the subject of introducing persons not regularly educated in the house to the

notice of the court. He guarded himself against sanctioning the supposition, that the individual appointed in the examiner's office had found his way thither by the undue influence of any man or set of men. But acting on public principle, and on that he would stand, he must hold, that if the directors once opened the door, they would receive many applications for employment, which they might not know how easily to evade, from persons who were unwilling to undergo the drudgery of a regular initiation into their service, in that house. If he were asked, where is the man, within those walls, that could undertake the employment in question? he would say that such a one was undoubtedly to be found amongst those who attended the committee of correspondence. When they considered that all their civil and military correspondence must be submitted to the inspection of the individual now introduced to their service, when they reflected on the great importance of that correspondence, and recollected that confidence might or might not be abused, he conceived they must see the necessity of acting with extreme caution. Of the gentleman who had been mentioned he knew nothing. He was probably fit to fill any situation he might be called to, and as a body, he would do the directors the justice to believe that they would not select an improper person for any office; but as the subject had been touched on, he begged leave to express an hope, that the executive body, in a matter of such great importance, would have a most watchful regard to introductions of this sort, lest they might lead to mischief.

Mr. Hume requested to offer one word, by way of explanation. He believed the hon. director had misunderstood him, for he was sure he would not willingly mis. represent him. He (Mr. H.) neither asserted, nor wisbed to express an opinion, that the patronage should be given altogether to their servants, nor did he state that any part of it should be bestowed indiscriminately. He merely meant to say, that, from the great extension of military patronage which was about to take place, such a portion should be set aside, as would enable the directors to meet the strong and honourable claims of some of the Company's officers. He acknowledged himself hostile to the principle laid down by the hon. director that length of service ought not to be considered as the foundation for a claim. He would contend, that if an officer had served thirty or forty years, with honour to himself and benefit to the Company, he had a claim, and a powerful claim, on their kindness.

The resolution was then agreed to, and the court adjourned.

East India House, March 18. A quarterly general court of proprietors of East-India stock was this day held at the Company's House in Leadenhall-street.

The usual form having been gone through

The Chairman (John Bebb, Esq.) said he had to acquaint the court, that, in conformity with the 4th sec. of the first chapter of by-laws, sundry papers that had been presented to parliament since the last general court, were now laid before the proprietors.

The clerk read the titles of the documents. They were, first, copies of all resolutions of the court of directors, and of all warrants or other instruments, for granting any salary or pension-second, copies of regulations passed by the governor-general in council, in the year 1814, No. 29, and in the year 1815, No. I. to V.-third, copies of regulations passed by the governor and council of Bombay, in the year 1815. No regulations had been received from the governor and council of Madras for the year 1816.

Mr. Hume wished, before the court proceeded to business, to ask a question relative to the regulations passed by their governors abroad in 1814 and 1815, which were laid before parliament. With respect to the regulations themselves he meant to raise no objection; but he would ask, whether the act of parliament did not call on the court of directors to lay those regulations before parliament annually? and if that were the case, he demanded whether those who ought to transmit them had done their duty in furnishing the regulations passed in 1814, four years afterwards, in 1818? The act said they should be laid before parliament annually, and he need not state that those regulations were most important; that they were, in fact, every thing to India, so far as the administration of justice and the management of the Company's affairs were concerned. The reason why they should be produced promptly was, that if any thing improper were contained in the regulations, the legislature of this country should have an immediate opportunity of rectifying it. If the act of parliament were complied with, they would not surely see the regulations of 1814, and from No. 1. to No. 5, of those of 1815, produced in the present year, when the voyage from India only occupied four or five months. He submitted to the court, that all the regulations of 1814, 15, and 16, ought to have been received before this. If nothing were done to accelerate the production of those important documents, he should feel it to be his duty to bring the subject specifically before the

court.

Mr. D. Kinnaird should be sorry to interrupt the regular business of the court, but he wished to know whether he would be allowed, when that business was gone through, to make some observations on the topic noticed by his hon. friend?

The Chairman" We can proceed to the regular business of the day, after which it will be open to the hon. proprietor, or any other gentleman, to offer such remarks as he may think proper. I have to acquaint the court, that there is now laid before it, in conformity with section 19, chap. VI. of the by-laws, a list of allowances, in the nature of superannuations, granted by the court of directors, under the act of the 53d of Geo. III. cap. 155, sec. 93."

The list was read, and contained only the name of Mr. Robert Nuthall, late transfer-accountant, £775 per annum.

MR. W. COOKE.

The Chairman" I beg leave to acquaint the court, that copies of advices received from the governor in council of Fort St. George, and of the proceedings which have been adopted in pursuance of the orders of the court of directors, respecting the case of Mr. William Cooke, of the Madras civil establishment, are now laid before the proprietors for their information. If it be the pleasure of the court, the report, which is very short, shall be read."

The clerk proceeded to read the documents, which were in substance as follows:

Copy of a letter from the Madras government, dated Fort St. George, June 24, 1817, addressed to the court of di-,

rectors.

"With reference to the information afforded in your general letter of the 26th of March, with respect to the investigation of Mr. William Cooke's conduct, we have now the pleasure to submit to you a copy of the final report of the committee appointed to inquire into the facts of the case. We have caused the committee to be informed, that we are highly pleased with the sound judgment and strict impartiality which they have displayed throughout the investigation We concur in the opinion formed by them in Mr. Cooke's favor, on the points that were under consideration. We trust it will prove satisfactory to your honourable court; and hope you will approve of our having recalled that gentleman to the performance of the duties of his office, from which he had been removed pending the investigation."

The report was next read. It was dated the 15th of May, 1817, and was addressed to the right hon. H. Elliott, governor in council, Fort St. George. Its contents were substantially these:

"We have the honour to state our opinion on the matters referred to in the dispatch from the court of directors, of the 7th of February, 1816, which tended to bring the character of Mr. W. Cooke into question. As the charges were not preferred in the ordinary manner, and supported by evidence, and as no proof of his culpability was adduced, it became necessary for us to examine voluminous bodies of papers, respecting the proceedings of Mr. Sherson and others. The only mode by which we could obtain facts, in evidence, was by examining such persons as appeared, from the perusal of those papers, to be connected with the transactions in question, and who it was supposed would be able to give very important information. After having closed our examination of all the witnesses before us, Mr. Cooke, who attended during the investigation, was informed, that we were prepared to receive any evidence he might think proper to bring forward, and to attend to any thing he might offer in his defence. Sir Alexander Anstruther, the Recorder of Bombay, was applied to, at his request, to impart to us all the information he possessed on the subject. This information having been received, Mr. Cooke addressed to us a letter, dated the 25th ult. which contains a defence of his conduct on the three points in question, on each of which we shall now proceed to state our opinion, and the reasons on which it is grounded.

"The first point is an allegation of Mr. Cooke's having been concerned in removing, forging, or altering certain documents relative to transactions in the grain department. In support of this charge, there was no evidence, and it had been completely disproved. The suspicion on this point seems to have arisen from two circumstances; namely, that the seals affixed to the chest, when placed in the situation allotted to it, were not found on it when the examining committee performed their duty, and next, the circumstance of the key being in Mr. Cooke's possession. From the manner in which the seals were affixed to the chest, they might easily be rubbed off by accident, during its removal; and that they were so knocked off by accident, appears to be the opinion of the committee. It also appears probable, that the account in question never was put into the chest, because, if it had been put there, it was not Mr. Cooke's interest to keep it back, but, on the contrary, it was material to him that it should be produced. That the whole series of accounts found in the chest were altered or forged, is a supposition altogether incredible. We consider the observations made by Mr. Cooke on this point as extremely strong, and entirely satisfactory.

"The second point is, that in Mr. Cooke's account, delivered on oath, he had stated, that a bribe was offered to him to give up certain accounts relative to transactions, no such offer having been made. We are of opinion, that the account given by Mr. Cooke, in his examination on oath, is true. The account given to the late advocate-general agrees with that of Mr. Cooke. It appears from the statement of Sir Alexander Anstruther, and also from the evidence given before us, that Mr. Cooke stated the circumstance immediately after it occurred, and he then gave the same evidence that he afterwards did on his oath. If we had not received the opinion of the late advocate-gen., we should still have come to the same conclusion. In framing a bill against him, that legal authority only acted on circumstances that appeared criminal, until they were explained, and was thrown aside perhaps for the same reason that induced Mr. Cooke's superior to abandon any proceeding.

It might be here objected, that Meeranour said, in his examination, that he never had a conversation with Mr. Cooke relative to a bribe; but the hesitation and reluctance with which he gave his evidence rendered it of very little weight.

"The third point was, that Mr. Cooke, in answer to certain interrogatories, stated, that he acted in direct hostility to Mr. Sherson, and that he had a private reason for having him found guilty. In answering the interrogatory in question, Mr. Cooke appears to have been obliged to adopt the words of the examiner. He said he acted in direct hostility, but he did so with this explanatory statement, that he so acted solely for the purpose of discovering fraud in the grain department. This did away entirely with the idea that he was influenced by private feeling. His statement, thus qualified, amounted to this, that having preferred charges which he believed to be well-founded, he felt a natural desire to establish them. His observations on this point are very satisfactory, and we call the notice of the government particularly to them. On consideration of the whole case, it appears that he had reason to suspect that frauds were committed by the native servants in the grain department, and being impressed with that belief, he certainly had a right to exert himself to find them out. Though he did not state his suspicions in an open manner to his superior, Mr. Sherson, it might be supposed that that omission arose from his belief that Mr. Sherson was concerned in the frauds which his servants were perpetrating, however improper the grounds of that belief were. The depositions on this occasion were not taken on oath, because we had no authority to administer one, and the advocate-general stated, that

government were not inclined to grant such an authority; but all the witnesses declared that they were willing to swear to the truth of what they had stated. Not having additional evidence, we are prevented from making our report so full as we could wish. The delay in producing it has been occasioned by our being obliged to examine voluminous documents, and by the reference we were compelled to make to Sir Alexander Anstruther, at Bombay. We beg leave to notice, with great satisfaction, the zeal and ability shewn by our secretary, Mr. Macleod, in the discharge of his various important duties."

Mr. D. Kinnaird inquired, whether it it was the intention of the court of directors to state to the proprietors any time for taking this report into consideration? He had no wish himself on the subject; but he asked the question in consequence of having received an extraordinary letter, in which he was called on to change his opinion. He did not know the individual whose name was signed to it, but certainly his letter began in a very curious manner. The writer says, "he knows the papers are false, although he has not read them." (A laugh!) He only meant to say, if the writer were present, that he was ready to proceed to an investigation of the subject, whether it might tend to alter or confirm his present opinion.

The Chairman" The executive body have laid the papers before the proprietors for their information, and it now rests with them to pursue whatsoever course they please."

TRANSMISSION OF REGULATIONS.

Mr. D. Kinnaird wished to ask, whether any sufficient reason could be given for the delay in the transmission of regulations made by their governors abroad, which had been noticed by his hon. friend (Mr. Hume). It was a matter of considerable importance, and he felt that such delays were most reprehensible. He meant to cast no imputation on the court of directors, for he had no doubt that. they communicated those regulations as soon as they possibly could. He appre hended the object of his hon. friend's question was, to learn whether the executive body were satisfied with such a delay? Whether they were content, that in 1818, the regulations of 1814, and from No. 1 to 5, of those formed in 1815, should be laid before parliament ? He should like to have a direct answer to this question.

The Chairman" We were not aware that questions of this kind were intended to be put to us, or we should have been prepared to answer them. They relate to matters of detail, and are undoubtedly important, but we cannot answer them

on the moment.

Previous to the next court we will procure every information on the subject, and we shall then be ready to give the necessary explanation."

Mr. Hume said, the reason why he asked this question was, because when the by-laws were last under the consideration of the court, he proposed an amendment to the second section of the first chapter, which had for its object, to extend the provisions of that by-law, which now only referred to their commercial accounts, to documents of a political or legislative nature. By that section it was ordained-" That the books of the Company's affairs in India shall once every year be balanced in every of the said Company's factories, to the 30th of April in each year; and transcripts, or copies thereof, signed by the chief civil servant of each factory, and those from the presidency by the accountant-general, shall be sent to England, by the first opportunity following; and those persons whose duty it shall be to make up the same, and who shall refuse or neglect so to do, shall become thereby liable to dismission from the Company's service; and that those accounts, when prepared, shall be accord-. ingly transmitted to England by the first safe conveyance." He stated, at the time this law was before the court, that it was as essential to the advantage of those whom they governed, as it was productive of their own welfare, that those acts of Parliament (for so he called the regu lation) should be speedily transmitted to this country, in order that they might know how far their affairs were conducted for the benefit of their subjects at large. They were strictly called a commercial Company, and by the law which he had quoted, any of their servants, refusing or neglecting to make up, and send home, the commercial accounts, were liable to dismission from their service. When that law was under consideration, he submitted that all papers and accounts should be subject to its operation. An hon. director then stated that it was unnecessary, as he was sure there would be no delay, for the executive body would be most careful to see that all documents were transmitted to this country as early as possible. This evidently had not been done. Now, it was a matter of the gravest and most serious importance for the court of directors, as judges and rulers of forty or fifty millions of people, to have all new regulations promptly laid before them, in order that they might see how these people were really governed. When they looked to the whole of the proceedings before parliament, when they considered the matter contained in the fifth report, when they reflected on the justice that was due to individuals in In

dia, which was greatly affected by delayhe, for one, should declare it to be his opinion, that those whose duty it was to transmit all regulations annually, had acted reprehensibly, in not making their communications more promptly. They had now, in the fourth year after they were passed, sent home the regulations of 1814, and a few of those of 1815, which were formed three years ago. He considered this to be a direct breach of duty, and he had no hesitation in adding that the executive body were answerable for that breach. They possessed authority over every servant in India; and, if their duties were not properly performed, it arose from the executive body not, exercising their power as they ought to do. Was it not a shame, when their commercial affairs were so strictly attended to, when a by-law was ordained, to enforce a prompt transmission of their accounts, that the whole state of their legislation should be thus neglected-that regulations might be made, of which, for years, the Company might be totally ignorant ? He now begged to ask, whether the provisions of the second section, chap. I. were regularly complied with? whether their commercial accounts had been transmitted in the manner, and at the period there directed? and whether the directors had exercised the authority there given to them, of threatening the dismission of those, if any such there were, who had neglected their duty? He was extremely anxious to see the state of their accounts, because he was satisfied, from information of the most authentic kind, that the utmost rigid economy, the utmost retrenchment was necessary, to prevent their commerce from becoming not only a losing, but a ruinous concern. He therefore requested to know to what period their commercial accounts, as ordered, had been made up and sent home?

The Chairman-"I can only repeat what I before said, if we were aware that questions of this kind would be put, we should have prepared ourselves to answer them; but, by the next court, every information the hon. proprietor requires will be ready."

Mr. Hume-" By looking at the dispatches, the information I require would be afforded in a minute. I have, on other occasions, known documents of that kind to be sent out for, in order to elucidate a point."

Mr. S. Dixon hoped that no farther observations would be made on this subject. The importance of the question was evident, and it required a well digested answer. What the hon. Chairman said was, he thought, perfectly satisfactory. He stated that at the next court they should have a proper explanation. Asiatic Journ.-No. 28.

The answer would then come before them in the manner in which it ought to proceed from the court of directors.

Mr. Grant said, he was anxious, as far as he could, to answer the questions of the hon. proprietor, with respect to their commercial and political affairs. He felt more particularly desi. rous to do so, lest any erroneous impression, hastily formed, should operate on the minds of the proprietors. Although he agreed with the . geutle man, that there seemed to Be a defect, with reference to the printed regulations, yet it did not at all follow, that the proper authorities had not sent home all the regulations which had been adopted. On searching, he believed it would be found, that all regulations and transactions of a commercial or political nature, which were minuted at the time as having passed, had been transmitted, up to the latest period, to that house. The omission, therefore, was not theirs, but was attributable to those who had not put the regu lations into a printed form. He, howver, firmly believed, that the information alluded to by the hon. proprietor was in that house, in manuscript. It was contained in the book of dispatches which had been sent home, and could easily be procured; but he admitted that the printed form was the most proper, to bring those regulations before the proprietors and the public. Now, with respect to the other point, which related to the separation of the commercial from the political department in India, he could affirm, that the separation was very accurate and complete. It could not be said, that those to whom the duty was entrusted, did not discriminate between their commercial and political affairs. Whether the books of accounts had come home up to the latest period, he could not affirm from mere recollection; but, if there should be any omission on that point, it was a very wholesome regulation, which enabled the court of directors to compel the governments abroad to send them home with greater expedition. In consequence, however, of the separation of the commercial from the political department, an additional duty devolved on those who were obliged to draw up the accounts; and if, heretofore, the accounts could not be made up until a considerable time had elapsed, beyond the period to which they purported to go, it was probable, that now, in consequence of the alteration, some additional delay might be occasioned. Since the renewal of the charter they had not, perhaps, received the accounts so soon as might be desired; but certainly it must be the wish of the court of directors to procure them as speedily as possible. VOL, V. 3 E

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