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slaughtered in cold blood-when some court, which now seemed to threaten the of our troops were basely murdered, and noble earl. When marquis Wellesley left. others fairly killed in the field-that India, he left it without an enemy to lord Moira said, “ This is what England the company-erery chief and every state cannot, will not bear !” The proposi was either a tributary or an ally! tions which he made having been treated, (Hear ! hear !) With all his abilities, not merely with contempt, but with with all his well-known talents, neither threats and menaces, he was compelled lord Moira, nor any other statesman nor to unsheathe the sword. They had often general, could have terminated the war, heard it echoed in that place, that short in so short a period, if it were not for work ought always to be made with their the prudent measures which had been campaigns in India. This was a maxim previously adopted by marquis Wellesley. founded in experience ; for a second cam The energy of British counsels, British paign in that country, though successful, character, and British arms, deterred the was virtually a defeat, owing to the hor. Mahrattas, or any other native power, rible expense which it occasioned. Now, from raising an arm, while the late ronlet the court consider how speedily Lord test was pending. They waited for the Moira terminated the late contest. His success of the Nepaulese, before they declaration of war was dated in November would attempt to stir ; but, if they had 1814-and the dispatch announcing that stirred, they would have found that it Goree Misnor had arrived in his camp, was utterly hopeless for them to do offering unconditional submission, or, at much. With these impressions on his least, proffering peace almost on our own mind, he would, when the question reterms, bore date only six months after specting the pension to be granted to wards. He stated in his dispatch, that sir D. Ochterlony was disposed of, move all the objects of the war were answered. for the papers he had already mentioned. The Goorkah country was taken posses Mr. Hume rose under considerable emsion of,--that acquisition of territory de barrassment, in consequence of what had frayed the expenses consequent on the fallen from the chair, and from his hon. prosecution of hostilities-and the great and learned friend, who had just sat est object of the war, security for our down. He felt the force of many of his empire, in future, was fully obtained. learned friend's observations, though he The conduct of Sir David Ochterlony, would not proceed to the extent to which acting under this great man, had, he was his learned friend was disposed to go. convinced, made such an impression on The conduct of lord Moira was certainly the states of India, as, for a long time a point of very great importance, and to come, would prevent them from em worthy of peculiar attention, since it was barking in warfare. He knew nothing their duty to look, with scrupulous atpersonally of Lord Moira; but, recol tention, to the merits of those employed lecting the sentiment uttered by an hon. in the company's service ; and, in that, friend of his, at a recent court--a senti court, they were bound to do equal jusment which was justly received with ac tice to high and to low. No great body, clamations-" that no servant of the looking to themselves as one of the greatcompany, however low, should be de est in the world, could exist, without prived of their protection”—he conceiv the establishment of just rules, to guide, ed, that what was due to the lowest, their own conduct and that of their serought not be refused to the highest ! vants. He felt that it was the intention (Hear ! hear !) And, therefore, he called of every gentleman present, who either on the court to do ample justice, in future, knew sir D. Ochterlony, or had heard of to the merits and services of the noble lord. his services, to do that gallant officer amIt was incumbent on them to act thus, see ple justice. Now, if his opinion were ing how littleness could at times pull great correct, the court of directors, in their ness down, and recollecting that it took an zeal to distinguish sir David, in the manentire life to build it up! As the present ner which his merits seemed to demand, proceeding, if persisted in, would, out of had deviated from those rules which had doors, be looked on as a silent affront of been laid down for the government of fered the noble lord, he thought the papers their conduct, generally. This placed the he should move for ought to be granted proprietors in an aukward situation. For they would redound to his fame—and on if, on this account, they now refused the them the proprietors could found a vote of grant, it would seem as if they thought thanks to that great commander-in-chief, lightly of the gallant general's services. whom he considered the prime-mover and (Cries of no!) He hoped it would not powerful master-spring of all those achieve

so appear ;-but, for his own part, he ments which had been detailed to the court, certainly thought it would. UndoubtedBut the earl of Moira could not have con ly, their bye-laws should be strictly atcluded the war so speedily, if it had not tended to. The present was the second been for the wise policy of a noble mar court that had been held since they were quis (Wellesley) who was governor-ge- renewed, and they ought not to depart neral of India, before him, and who was from the observance of rules, thus revery near sharing the same fate, in that cently and solemnly laid down. That a

deviation had here taken place, he was to do with the bye-law-it was founded willing to admit-but he was sorry that on a principle of expediency. He conhis learned friend should therefore wish ceived, that it would be displeasing to to postpone the motion. He would ra sir D. Ochterlony. himself, when he found ther that his learned friend should pass that the boon was conceded in this preover the irregularity, at present, as it cipitate manner, instead of being the offwas occasioned by an excusable zeal to spring of the digested deliberative feeling serve an highly deserving individual, and of the court, founded on documentary that he would apply himself to prevent

evidence. He suggested a different course its recurrence in future.

of proceeding from that introduced, not Mr. R. Jackson here interrupted the as the most legal, but as the best, the hon, member. He observed, that he had wisest, and the most expedient mode. not complained of any irregularity, with Mr. Hume continued. He was very reference to the bye-laws, in the bring- sorry that the court should be delayed by ing forward of this motion. Fourteen any misapprehension of his—but he was days notice had been regularly given of impressed, by what fell from his learned it, in conformity with their laws ;-but friend, with the idea, that an irregularity his hon. friend' had been much out of had taken place, particularly when he obtown, and probably had not seen the ad- served, that perhaps only a few persons vertisement.

had seen the papers. He conceived, that Mr. Hume, If there be no irregula the bye-law, sect. 20, by which papers rity, as far as the bye-laws are concerned, were to be laid before the proprietors, had I should be glad to know where the irre been departed from; on that account he gularity is ?"

conceived his learned friend to have opMr. R. Jackson said, he had not charg- posed the motion. By the 20th section it ed those who brought forward the mo was ordained, that where a grant, extion with any thing like irregularity. Al- ceeding in the whole £600, shall be though, where an increase of salary, applied for, then the report of the comabove £200 per annum was sought, or mittee of directors, stating the ground on where a gratuity was requested, two which such grant is recommended, and courts were necessary to render the grant signed by the directors who approve of valid ; yet, with respect to pensions, the the same, shall be laid before the propriecase was different-as it was not necessary tors. Now the fact was, that not only to hold more than one court for the pur 14 days notice should have been here gi. pose of bestowing them. The reason was ven, but, independent of that, all the this :-until the bye-laws were framed in papers should be left open for the inspec1793, there was no rule whatever re tion of the proprietors. He had called strictive of the grant of pension. When twice at the India house, for the purpose the committee of bye-laws, of which he of reading them, but they could not be was a member, met in that year, his de produced; not because any unwillingness ceased friend, Mr. Henchiman, felt that was felt to allow the perusal of them, the mode of granting pensions ought to but on account of the difficulty of collat be put in some degree of order. It was ing them. Now, he should be exceedingtherefore proposed, that a bye-law should ly sorry, because a trifling irregularity be enacted to prevent the grant of any hrad taken place, that therefore the mopension, above a particular sum, without tion should be put off, as it would give the consent of one general court. Per the proprietors and the public an idea haps, it would have been better if two that some unpleasant feeling existed towere rendered necessary—but so the law wards sir D. Ochterlony. He trusted, in was framed at that time. Previous to its this case, a little informality would be being introduced, the court of directors overlooked, rather than, by the propowere possessed of the power of granting sed delay, to throw a slur on general pensions, without taking the sense of Ochterlony, for he did conceive that it the proprietors. The consequence was would be throwing a slur on that excelthat the gentlemen behind the bar were: lent officer, if a delay took place in grantteased for pensions, almost to death-and ing to him that which the directors had many of them wished to escape from this approved, he believed, unanimously. The state of thraldom. So severe was the court ought to consider, whether they persecution, that he recollected their late would, on account of a slight informalichairman (the hon. Mr. Elphinstone) ri ty, not proceeding from intention, but sing in his place, and saying, “ I entreat probably attributable to the carelessness that this restriction upon us may be gran of some of their officers, keep back this ted-for it is most proper.” He (Mr. Jack- grant, and thus place a deserving indivison) was not therefore, arraigning the dual in a most painful situation? His present proceedings, as an infraction of own opinion was, that they ought nof. the bye-laws. What he stated was, that The general practice of granting money there was a deviation from precedent, in was a separate question; but, he felt giving the pension and the thanks at the that the character of Sir D. Ochterlony same moment. His objection had nothing would be considerably compromised, if,

with all the facts of his case before the other fortune than his pay and allowances, court of directors, the proprietors refus and therefore wanted the means to keep ed to accede to the motion,

up, with appropriate splendour, the digPart of the speech of the hon. chair- nity which the Prince Regent had conman he highly disapproved of. He should ferred on him. These were considerations not, in speaking of sir D. Ochterlony, of great importance-they satisfied him have thrown an imputation on the con that the grant was proper—but he was duct of other officers. He might have displeased at the manner in which the praised his talents, without depreciating directors proposed it. This mode of prothe abilities of others. This he had not ceeding had occasioned a difference of done; for, if he understood the hon. opinion in that court, where unanimity, chairman correctly, he said, that “ all would otherwise have reigned—where the the other officers" were unsuccessful,” proposition ought, and would, if properly while general Ochterlony attained every introduced, have been carried by acclaobject he had in view-thus throwing a mation. Sir D. Ochterlony had many reproach on many individuals, possessed claims on the company. If he were to of courage and ability, some of whom he enumerate his services, from the time he knew. He was well acquainted with the entered the army, he would detain the commander of the second division, he court too long. [Mr Hume here briefly had served with him for four years and adverted to the services, military and could speak confidently of his merit. civil, of the gallant general, from the That officer was directly inculpated by Mahratta war, up to that which has been the declaration of the hon, chairman. just terminated.] His conduct, on every (Hear! hear !) He regretted extremely occasion, had been such as to call for the that the court of directors had not acted thanks of that court, and deserved, in in a more manly manner, with respect to his opinion, even a larger sum than that' carl Moira., If the conduct of that noble recommended by the court of directors, lord was wrong in beginning the Nepaulese His objection was not, therefore, to the war, they ought to have spoken out, and grant, but to the manner in which it said so boldly. (Hear ! hear !) Consi came before them. Indeed, he was hapdering the situation in which the direc- py to see such marks of beneficence pourtors were placed, as the representatives of ed on the army. They operated as a stithe Company, with all the necessary do mulus to exertion amongst those who had cuments before them, they should have little hope of preferment, and whose arcome to a resolution, that the declaration dent spirit was in consequence depressed. of war was proper or improper. Then the Perhaps the court would permit him, for proprietors would have met to pass a vote one moment, to read the language used of censure or approval on the conduct of by an officer, who was about to take the the noble earl. But, instead of proceeding field in the commencement of the Napauin this way, they came forward, contrary lese war. When they had heard the lanto precedent, with a vote of thanks and guage, they would readily appreciate the the grant of a pension to a subordinate feeling by which it was dictated. The comofficer, while the commander in chief pany ought not to be backward in giving was neglected. All that had been achiev rewards to their military servants, who, ed must be considered as emanating by the course of service, had been defrom the disposition made by the govern- prived of promotion, and were without or-general and commander in chief. the slightesl hope of realising fortune or sir D. Ochterlony served under him emolument. The officer to whom he aland yet they passed over, ia sullen silence, luded, had been 34 years in the service, the individual to whom every act was at and wrote in the following terms :-“ I tributable. Some might think different- expect, in a few days, the command of a ly—but he considered this proceeding battalion, consisting of six grenadier as an indirect censure on lord Moira. and six light companies, to join in the It would have been better to have cen expedition against Napaul-a point sured him directly and openly, instead about which I am perfectly indifferent, of treating him with this contemptuous for my zeal has subsided into sullen silence. The court of directors, he con apathy, from the disappointment of my ceived in this instance, had acted hastily, hopes. This gentleman, after 34 inconsiderately and unjustly. If lord years service, was only the 20th major Moira had done that which was prudent, in our army. He (Mr. Hume) wished to let it be stated--if his conduct had been see a spur given to their officers—he wish the reverse, why was it not declared ? to see some motive to exertion held out to That would have been correct; but to them. If they were not to look to the come forward with a vote to a subordinate company for that stimulus which was neofficer, insinuating censure, by, a side wind, cessary for the production of zeal, where was gross injustice. Notwithstanding this were they to turn their eyes in search of he would not vote against the grant to sir it? As to promotion, it was so very slow, D. Ochterlony, who was an officer of that it might be left out of the question, great abilities, and had served the com- Considering the pension, in this point of pamy long and faithfully. He possessed no view, he approved of it perfectly—but he

condemned the way in which it had been had been refused. Every proprietor was brought before them. It would be a at liberty to peruse them. But, as to shame, if this gallant officer were de- laying them before the court, that was prived of that immediate reward which another thing. There was no bye-law to his services deserved, because the direc authorize that proceeding. The bye-law tors had been guilty of an informality. relating to pensions did not contain a sylHe hoped, therefore, that the gentlemen lable about the production of papers. within the bar would take a lesson from The section which followed, and which this circumstance, and act, in future, in had reference to gratuities, did indeed an open and candid manner, telling those direct, that papers should lie open for the who acted meritoriously, that they had inspection of the proprietors. But this done so, and, on the other hand, not section had no connection with the quesabstaining from direct censure where it tion before the court. And, in truth, was due. He trusted his learned friend so far from any desire being entertained, would see the propriety of passing over to prevent the perusal of the documents the informallity, which, if it were the relative to this case, the direct contrary means of creating delay, would cast a was the fact ;-for more was actually reflection on the services of this gallant done than the bye-law called for. The officer. (No! No!) If he (Mr. Hume) papers were left open to the inspection thought it would not, he would be un of the proprietors in the house ;—the willing, so partial was he to a strict ob learned gentlemau had profited by the opservance of rules, to object to the post portunity ;-and he (Mr. Grant) wished ponement. But he was of opinion that he could say he had made a very liberal delay would have the effect he stated-and use of it. (hear, hear!) With respect as he knew that no man deserved the coun to the resolution before the court, it tenance and support of the East-India could not be decided now ;-it was necesCompany more than sir David Ochterlony, sary that a second general court should be he would not wish to tarnish, in the assembled, before the business was conslightest degree, that reward which they cluded. The papers were lying on the were called on to give him.

table, and if gentlemen were disposed to The Chairman trusted the court would have them read, they could be read by believe, that no gentleman sitting behind the officer, which was the regular course that bar, could be so much wanting in a of proceeding. This, he hoped, was a sense of propriety, or rather of self-in sufficient answer to the first objection. terest, as to propose a measure, favourable Mr. R. Jackson. I understand you to to one individual, but intended to hurt state, that a second opportunity of conthe feelings of another. Such a principle sidering this question will occur. was most remote from the minds of those The Chairman.-I understand that to who signed the resolution. They had not be the case. the smallest idea, that they were doing Mr. R. Jackson said, he wished that that, which, by possibility, could pro the papers should be laid before them, duce objections in the general court. If and that farther time should be given, in the sentiments of the gentlemen who had order to consider the subject fairly. But, last spoken were those of the proprietors if the hon. chairman was right in his conat large, he should feel it to be his duty to struction of the law, when he said a sebow to them—but, he believed, he was cond court would be necessary, then he not obliged to take up, and act upon, the (Mr. Jackson) was ready to wave his obindividual opinion, of one or two persons. jection. He was much surprised at the view the Mr. Bosanquet, to order.- conceive two hon. gentlemen had taken of the that two courts are not necessary. If subject, and at the course which they any explanation be wanting, our counsel pursued. In agreeing to this resolu is in court, and can give it. tion, the directors, united, never knew The Chairman admitted that he was in that they were transgressing any rule error, and then proceeded. Before he of propriety, and no such idea prevail. touched on the second objection, he wished in any other quarter. It was sug ed to correct a mistake into which the gested, that the course of proceeding hon. gent. (Mr. Hume) had fallen. The adopted by the directors cast a slur upon hon. gent. charged him with having stated, an individual. He could assure the court in speaking of sir D. Ochterlony, “ that that the directors were quite unconscious all the other officers employed were unof having trenched on the regard or res successful.” He had said no such thingpeçt due to any person. The hon. and he could not say so, in the face of all the learned gent. said, that there was irre documents. · What he said was,

« that gularity in the proceeding. If there were, sir D. Ochterlony was uniformly successhe (Mr. Grant) did not know where it ful, when other officers were unsuccessexisted. Nor, indeed, did the learned ful.” He was uniformly so, and upheld gent, himself ; for he afterwards argued, our cause, in that war, when other offithat it was a sort of expediency which in cers failed. This was all he said, or duced him to oppose the motion. With meant to say ; and the hon. gent, certainrespect to the papers, he denied that they ly had no right to take him up on this

ground. The other objection was, that in conferring honours on sir D. Ochterhe and his honourable colleagues had de lony and some other officers, did not apparted from the usual practice in such pear to participate in the feeling of the cases, because they had not come forward, learned gent. or to be at all apprehensive on this occasion, with a vote of thanks that other persons, who were not so disto the commander-in-chief. He (Mr. tinguished, would conceive themselves inGrant) did not know that any such rule sulted by the proceeding. He (Mr. Grant) was established. If such a proceeding was very sorry to see a proposition of were a mere thing of course, it would this nature treated in such a manner, if, take away the value of it, in a very great when the business was concluded, the degree. If a vote of thanks were, as directors were thought wanting in their might be supposed, from what had been duty, he would willingly obey the general said, a mere matter of form, very few opinion of the court ; but iudividuals persons would think it worth their ac

were not to prescribe to them what they ceptance. The learned gent. had not were to do. If such a principle were proved the existence of any such custom. admitted, their situation would be pitiaAll he did was, in the face of the proprie- ble indeed. Their responsibility was of a tors, to censure the court of directors very serious nature ; and, when the buand, instead of proceeding to the busi siness was at an end, let their couduct, ness before the court, he amused himself subject to that responsibility, be fairly by charging the executive body with a tried: but they could not suffer dictation. departure from propriety. That point he They were not to be told this you should 'would leave for the court to decide upon. have done, and that you should have But he begged to observe, that he, for done ;--they were not placed in that sione, had not the smallest idea of dis tuation to obey the caprice of any indiviposing of the general question, on which dual. (hear, hear !) Such conduct went some difference of opinion existed in the very much to take all power of proceedpresent instance. He was sure, that there ing out of their hands; and therefore he was not a feeling in the minds of one of must strongly object to it, as quite unnethe directors, when they agreed to the cessary and improper. As to the doctrine resolution, that they were reflecting on of the other lion. gent. (Mr. Hume) who any person's conduct. With respect to asserted, that the directors, by acting as lord Moira,as he was governor-general and they had done, prevented the proprietors commander-in-chief, approbation voted from being unanimous, he could only say to him would go to an extent far beyond that he sincerely wished he could find out what it reached in sir D. Ochterlony's the art of making them unanimous! (a

In the one instance, it covered the laugh.) The hon. chairman then adwhole of the events, from the commence verted to the disposition which appeared, ment of the war,—those points in which in some gentlemen, to place, in the most they succeeded, as well as those in which unfavourable light, every transaction of they did not—while, in the other, it the directors ;--and concluded by hoping, merely referred to specific acts of mili- that, under all the circumstances, no fartary gallantry, without looking at all to ther objection would be made to the grant the various subjects with which the war submitted to the court. was connected. Those were questions to The hon. D. Kinnaird felt placed, by be taken up when the business was com what had fallen from the hon, chairman, pletely finished. The learned gent. had in a very aukward situation ; because it given a very decided opinion on every appeared, that no gentleman, in that part of the subject—but others, perhaps, court, could offer his sentiments without did not view it exactly as he did; and he exposing himself to the hazard of a per(Mr. Grant) did not know, that, because sonal attack. If he (Mr. Kinnaird) were the directors had not proceeded in the line not placed there to speak, when the inwhich he (Mr. Jackson) conceived the terests of the proprietors demanded it, most proper, that they were, therefore, and to know the reason when he gave in the wrong. It would be to take the

away money, or refused to do so, for executive power out of their hands, if, what, he should wish to know, did he on every occasion when individuals dis come there ? (hear, hear !) He prosented from their opinion, they were tested against such conduct, in the name obliged to give up that which their judg- of everything fair and honest. He ment told them was correct. The court trusted that the learned gentleman (Mr. of directors were responsible for every Jackson) would not, in consequence of act done by them, and, if they conducted what had been levelled at him, desist themselves improperly, let the business from stating to the court his opinion, be taken up and pursued in the regular and giving to the proprietors the benefit way; but it was not usual in that court, of his great experience. To his exertions with so little notice, with so little decen they were indebted for that bye-law, cy, to arraign the character of the whole which gave them something like a control body of directors. (Hear ! hear !) It

over their money—and he hoped, they might not be improper, here, to notice would still proceed reaping the benefit of the conduct of the Prince Regent, who, his wisdom and intelligence. When he

case.

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