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observed on personal feeling advanced was one of those who thought it unwise to against the gent. behind the bar, he could give pecuniary rewards, on all occasions not avoid animadverting on any unseemly—but he knew, that when rewards were language that was used to those before it. given, by great public bodies, to military The hon, chairman had said, he wished men, it was not the pecuniary, but the he could find out the art of insuring una honorary part that gratified them; that nimity. He (Mr. K.) could tell him the part which tended to ennoble the blood in way to prevent unanimity in that court the veins of their posterity! Feeling thus, it was by adopting that querulous tone he could not but be surprised, that there which he was too much in the habit of was not a single quotation in the papers, using !-(Loud cries of order !") He taken from the dispatches of the comapplied to those who cried“ order," whe mander-in-chief, in which honourable ther they did not hear fall from the hon. mention was made of this experienced and chairman, a direct accusation against valorous officer. There was, in the reindividuals on that side of the bar, attri- port of the committee of correspondence, buting to them a desire to misrepresent a species of wording, that conveyed a the motives of the directors ? (Hear ! strange idea to his mind—if he read it ahear !) If, therefore, he was not at liber- right, the directors were rejoicing in the ty to say that this was not a proper tone success of the Napaulese war. He alluded to be used by the person who made the to that part, in which, after stating that accusation, for what purpose did he sit the “ eminent services of sir David Ochs there? The hon. chairman wished he terlony had upheld the honour of the knew how to procure unanimity. He British arms," it goes on to say, “and (Mr. K.) would point ont to him the the enemy, after the capture of extensive various meetings, held within those walls, provinces, important to them;" these to grant honourable rewards for honour are the words, provinces important to able services ; and he would advise him them,” by which, in his opinion, the to take the same course, on the present directors pledged themselves to approve occasion, and the hon. gent. would find of the war. With this sir D. Ochterlony that the same unanimity would be the had nothing to do—he was an officer acting consequence. It was a rare instance in under the commander-in-chief and, if the the anpals of that court, when merit directors rejoiced in the captuie of those like that of sir D. Ochterlony was brought important provinces, they must recollect forward in such a shape as to prevent the

that the whole of the merit of the accesproprietors from being unanimous. On sion belonged to earl Moira, and they whose heads, then, did this want of una ought to honour him accordingly. The nimity rest ? He would tell the hon. report then states, that “the enemy were gent, that those persons were accountable reduced to sue for peace, on terms underfor it who had adopted a course different stood to be advantageous to the company.” from that which had been usually pur This paragraph, he supposed, was introsued ! By following the tract pointed out duced to shew that the peace was not yet in former times they could alone hope to concluded, or at least that the terms were arrive at unanimity. In this case if the not sufficiently known, as a sort of excuse gentlemen wished to consult the feelings for not granting thanks to earl Moira. of sir D. Ochterlony, by having the mo Being prepared to say all this on the subtion carried unanimously, let a little de- ject of the war-having stated the caplay be afforded, uutil the papers could be ture of the provinces as matter of exultaread. It was a most precipitate measure tion, admitting that the terms of the peace to come to the court and ask a specific are supposed to be advantageous-with reward for a subordinate officer, without in these points conceded, the first time when the slightest degree noticing the command the subject is brought forward by the dier-in-chief. It was also remarkable, that in rectors, it is connected with a grant of the papers before the directors, there was money—it is not even introduced in the not a single extract from the dispatches form of a mere vote of thanks. Now for of the commander-in-chief, who certainly what purpose was this system followed ? was the best judge of the merits of sir Because, if the directors proposed a vote D. Ochterlony. The hon, chairman had of thanks, without a grant of money, called on the court to look to the they knew they would fail, for they conduct of government, as justificatory knew it was impossible for the court of the proceeding now adopted. He to vote their thanks to a particular would also call the attention of the court officer, to the exclusion of the rest of the to the conduct of government, with a dif- army. The directors had gone quite out ferent view. What was done during the of the common tract of travelling, and, whole of the peninsular war? who was if they could see their way, he was not then rewarded, on the very momeut? the sufficiently conversant with the turnings commander-in-chief, and no other person. and twinings of that court to be able to The other officers, many of whom had do so. He wished to know, when the bled in the field, were not thought of till marquis Wellesley had finished the war the war was completely wound up. He in India, and it was understood that the Asiatic Journ.-No. 1.

Vol. I.


court disapproved of it, whether, on the which they properly belonged. Here he arrival of dispatches stating the discom- could not withhold his testimony of apfiture of the enemy, a vote of thanks was plause from the spirit and skill with which not given to him—the court expressly re the Napaulese war was conducted, and the serving to themselves the right of deciding glorious success by which its termination on the policy of the war afterwards ? was distinguished. In this resolution, he (Hear ! hear!) thus supporting the prin- conceived the directors had partially apciple, that po. subordinate officer should proved of the war, when they spoke in receive thanks, until they were offered to such terms of the territory which it had the commander-in-chief. He would ask given to them. As to the policy in which of any man who heard him-he would it commenced, that still remained open ask of any military man, whether he for discussion. But he called on the would not conceive it to be a slur on his court to act as they did in the case of character, if his subordinate officer were lord Wellesley. On that occasion thanks rewarded, while he, beneath whom all were voted to him and to the whole army the operations of a campaign were carried -but the right to decide afterwards on the on, remained neglected and forgotten? conduct of the governor-general, in enIf any of the gentlemen who proposed tering on the war, was specially reserved. this vote were at all conversant with He conceived it right to keep the general military etiquette, they must perceive the and commander-in-chief separate; because truth of this observation. And he was though his conduct in the field might sure, if there was one man, who, more be worthy of praise and reward, his prothan another, would be displeased with ceedings in the cabinet might demand thanks, which insinuated a slur upon an censure and disapprobation. An hon. individual, that man was sir D. Ochter friend of his (Mr. Hume) had surprised terlony. To suppose otherwise, would him very much by his course of argument. be to suppose that he had feelings very That hon. gent.' had, on all occasions, different from those which his brother offi been most desirous for the establishment cers knew him to possess. It would be of settled rules for conducting the business to suppose him willing to wound the feel of that court, and of the court of direcings of those brave men who had shared tors. In the endeavour to promote reguhis toils, and partaken of his glory.- lations of this nature, the hon. gent. had (Hear ! hear !) He, therefore, for one, not found a warmer co-operator than he could not vote for this grant to sir D. was. It was extremely curious, that the Ochterlony, in its present state. He hon. gent., who had been a fellow-labourwould not vote for any reward, which he er with him in the vineyard—who had felt would not be agreeable to that gallant assisted zealously in the formation of those general. This he was certain would not, rules-should, the first time one of them because it must excite unpleasant feelings was broken through, beg of the court to in other officers of the army-it must

pass over the infraction. even strike the commander-in-chief, who he, “ sir David is a very gallant officer, had highly approved of sir D. Ochter you had better therefore, overlook this lony's talents, as a tacit reproach to him. breach of your rules.” But the hon. gent. Actuated by these sentiments, and no had made a very fair proposition. If," others, he should now oppose the grant ; said he, “ by delaying this grant, no slur but, if it were brought forward in a re is thrown on sir David Ochterlony, then gular manner, he would be the first to I am willing to postpone it.” Now, he hold up his hand in favour of it. He could not conceive, that, by putting the conceived that the company were bound motion off, sir David Ochterlony could be to defend the interest and honour of supposed to labour under any slur whatthe lowest of their servants--and surely ever ; whereas, by agreeing to it now, a they were no less powerfully called on to sort of censure would be passed on other defend the credit and character of those officers. It was, on the other hand, de. who were placed in the highest situations. nied by the executive body, that the If there were any case in which an offi smallest reproach was intended to be cer particularly demanded their support, cast on any individual—but could they it was when he had taken on himself say that the proceeding would not be con. the dreadful responsibility of going to strued differently out of doors ? He was war--and when he was placed at such convinced, that nine-tenths of those aca remote distance, that he could not quainted with the circumstances, would immediately furnish those by whom immediately conclude, that the present he was employed, with a connected motion had for its great object, to mark chain or statement of events.

with reproach, the conuuct of those offitection was still more necessary, when it cers whose services were not even hinted was known that some individuals opposed at, when the hon. chairman said, as a themselves to the policy of that war, and crown of praise to sir David Ochterlony, would, perhaps, endeavour to prevent the that he was successful, when all others rewards which its successful termination were unsuccessful. deserved, from Aowing in that channel to The Chairman.--I did not say so.

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Mr. Kinnaird. You qualified the ex the present motion, because he thought pression by saying, “when many others it threw a slur on the earl of Moira, had failed."

and the rest of the officers of the The Chairman.-I deny I ever said so. army, and because he did not conceive I give a point-blank denial to the asser that this was the mode in which reward tion. What I said was this, " while sir ought to be conferred on sir D. OchterD. Ochterlony was uniformly successful, lony. He should therefore move, as an other officers were unsuccessful."

amendment : Mr. Kinnaird regretted that other offi That this court, though it entertains cers should have been at all spoken of, or a high sense of the merits of sir D. Ochintroduced. Sir D. Ochterlony might terlony, think it expedient to adjourn the have received the full meed of praise, present question." without any attempt being made to dis If (continued Mr. Kinnaird) the court parage the conduct of other persons.

of directors do not consider it proper, Now, if the conduct of that gallant offi which I am sure they will, to procer was fairly entitled, as assuredly it pose a vote of thanks to earl Moira and was, to approbation and reward, were the rest of the army,—which, I am conthey not equally due to lord Moira, from vinced, will be carried by acclamations whom, in the regular course of things, on this side of the bar,—though I have the successes obtained must have origin no wish to take the executive power out of ally sprung? On this point he would their hands, yet, in that case, I shall confidently appeal to the military part of feel it my duty to propose such a motion that assembly, who must necessarily an on a future day. swer in the affirmative. He gave the court Mr.Herriott having called the, reason for what they should do, fortified who had just sat down, to order, wished by precedents drawn from what they had to explain his reasons for having done so. done. If the hon. chairman were really He did so, for this plain reason-because desirous that unanimity should prevail in the hon. gent. was not content to speak this court,-if he were anxious to spare in general terms, but adverted to the Iron. the feelings of sir D. Ochterlony, he chairman, in such a manner, as compelled would consent to put off this motion, un him (Mr. Herriot) to interfere. He not til general thanks to earl Moira, and the only spoke of the conduct of the hon. army have been voted. And, when sir chairman on the present qnestion, but reD. Ochterlony had been included, -by ferred to it, on former occasions. As he name, if the hon. chairman pleased, was on his legs, he wished to say a few by a special resolution, if he thought pro words with respect to the question before per, for he (Mr. K.) professed the utmost the court. The hon. gent. (Mr. Kinnaird) respect for him ;-then the court of di had looked round, and asked, if there rectors might come forward with that were any military persons present ? motion which was not only second, in (Mr. Herriott) now answered, that he point of form, but second in the consi had been for three-score years in militaderation of that deserving officer. There ry habits--and, with respect to the prowas one other expression of the hon. position made by the court of directors, chairman, which, he conceived, called for he could see no impropriety in it-either notice. No conduct, he thought, desery with reference to etiquette or to any other ed the encouragement and thanks of the point. It was not an uncomnion thing court, more than that of those gentlemen, to give thanks to officers in subordiwho, like his hon. and learned friend, nate situations, without noticing their took the trouble to read and sift such pa superiors. Thus, when the lords of the pers as were connected with subjects be admiralty sent out an officer who achieved fore the court, for the benefit of the pro- any great victory, that officer, though prietors at large. When his learned friend acting under their lordships, received the took that trouble, he sincerely thanked thanks of parliament. Should the comhim ;--and the proprietors, he thought, mander-in-chief in the Mediteranean, or were much indebted to him. But how elsewhere, send out a division, by which did the hon, chairman speak of his having any glorious action was performed, those so occupied himself? * I am sure,” said only received thanks who were immedihe, “there was no wish to keep the pa- ately instrumental in obtaining it. Thus pers back ;-the learned gent. had seen lord Nelson was under the command of a them, and a pretty use he makes of our superior when he went to the Madeiras, liberality.” Now, for his part, he did where he achieved that, for which he renot thank the gentlemen opposite for the ceived the thanks of the country, no noproduction of those papers. The bye- tice being taken of his commanding officer. law gave them a right to demand them. He (Mr. Herriott) believed this was so. There was no courtesy in shewing those Now, it struck him, froin what knowpapers, which the interest of the pro- ledge he possessed as a military man, prietors required, and which the directors that the individual, who was employed could have no motive, at least no proper in giving orders, as governor-general, far motive, for withholding ;-therefore no from the scene of action, had nothing to thanks were due. He should vote against do with achievements in the field of battle.


Therefore, he considered the thanks and terlony, and the court were now called rewards proposed to be given to sir D. on to give him the means of supporting Ochterlony, as due to him for the skill it. What information was wanting on and ability he displayed in executing cer this question ? Were not the papers betain commands which he had received fore the proprietors ? Was it not notofrom his superior. When he said this, he rious that the army of sir D. Ochterlony could assure the court, that no man ho had to penetrate a country so naturally noured lord Moira more than he did. Of strong, as to require but few troops to that eminent character he had some per defend it? Had they not to cope with sonal knowledge—but none whatever of an enemy different, in every respect, from sir D. Ochterlony. It was evident, there any they had before encountered in India fore, that he spoke from principle, and -a race of highlanders--men of hardy not from any feeling of partiality. He habits, and of undoubted courage? (hear, should support the proposition of the hear!) men actuated, not by the mocourt of directors.

tives of mercenaries, but by those feelMr. Bosanquet rose to speak to the or ings which were imprinted in the hearts der of their proceedings. The hon. gent. of the human race in every clime-to deshortly adverted to the original motion, fend their native country, their friends, and the amendment. The latter, he ob- relatives, and every thing dear to them! served, could not possibly be entertained, (hear, hear !) Could it be forgotten in its existing form. It was, in fact, no that the army of sir D. Ochterlony had to thing more nor less than a species of cover the tarnish which British glory had question of adjournment; and it would sustained, by reverses in other quarters? be infinitely better to move a direct Chear, hear !) That they had to meet adjournment, (if the opponents of the an enemy flushed with success, and conmotion wished to do it away entirely) fident of victory? (hear, hear !) Now which would, of course, take precedence he desired to know what gen. Ochterlony of all other questions. Under the pre- did, under circuinstances so disadvantasent circumstances, he could not help geous ? Did he not alter the whole syssubmitting to the learned gent., whether tem of warfare? Did he not concentrate it would not be better to reconsider the his forces, to attain the object he had in amendment, and to put it in a shape con view? Did he not persevere in preventsistent with the course usually taken in ing the enemy from receiving supplies, that and every other deliberative assem and, at length, compel him to attack the bly.

British troops, instead of being attacked Mr. R. Jackson felt much obliged to by them in his strong holds ? (hear, his hon. friend for setting him right when hear !) This plan succeeded. The enehe was out of order.. If his hon. friend my did attack his forces—he was repulsed would hand the motion and amendment and discomfited. Sir D. Ochterlony disto him, a moment's time would be suffi- played the most consummate skill and cient to rectify the error.

valour in the field. He lost not a moMr. Howorth regretted exceedingly the ment. The enemy was followed up, tone in which his hon. friends, on the sword in hand, and the British troops right and left, had made their objections. took possession of his provinces. Sir D. The executive body was a delegated body, Ochterlony appeared to be as wise in the and was responsible for its proceedings : cabinet as valorous in the field. No soontherefore, if it acted improperly, it could er did the enemy propose terms of acbe called to account in a regular manner, commodation than he closed with them and ought not to be subject to hasty re -and put an end to a war, the most marks, the offspring of momentary feel- blondy, the most expensive, and the most ing. (hear, hear!) Two objections had hazardous that we ever waged in India. been urged against the motion, - one After this short statement, what papers, founded on the form of the proceeding, he would ask, were wanting? For his the other resulting from a feeling of deli own part, he acceded, with heart and cacy towards lord Moira. With respect hand, to the motion. (hear, hear !) to the form of proceeding, he at first Mr. H. Twiss said, the speech which feared that the directors were departing had just been delivered, had called the from the regular line; but when he look attention of the proprietors to the real ed to sect. 19 and 20 of the bye-laws, question before them, from which it had he found they were complied with, and been directed by some of the addresses that the course pursued was perfectly re they had previously heard, Much had gular. The second objection, that lord been said on this occasion about unaniMoira was not mentioned on this occa mity-but, whenever he heard a great sion, appeared to him to be totally irre- deal of talk about it, he always suspected levant to the question. The resolution that it would be wanting. What had recommended by the directors was no occurred this day, fully verified the corthing more than an act of liberality, with rectness of that suspicion. The very first which they followed up the example of proposition that had been made, went to government, The Prince Regent had con disturb that unanimity, which probably ferred a very high honour on sir D, Och- would otherwise have prevailed. For

the purpose of enjoying unanimity here a just statement of facts, by the examiafter, the present was to be sacrificed. nation of papers, by a constant attention The hon, and learned gentleman (Mr. to the forms of their proceedings, could Jackson) had introduced what he (Mr. detect and point out deviations from those Twiss) conceived had nothing to do with forms, did a very great service to that the question. He had brought forward court ; and he conceived, if any informathe claims of the earl of Moira, which lity, with respect to the mode of adverwere totally distinct and different. He tising existed, in the present instance, a would not enter into that subject, not very great benefit would be derived from only because he was not prepared, but pointing it out. Before he proceeded, he because it was wholly irrelevant to the should be glad to know whether the pamotion before the court. It appeared pers connected with this vote had been clear, however, that the analogies on advertised ? which the opponents of the motion The Chairmun-" There has been no founded themselves were inapplicable. advertisement—and there ought to have They contended, that the vote of thanks been none.” should always be given to the command Mr. H. Twiss--Certainly the impres : er-in-chief, in the first instance, and not sion made on this court was, that a notice to the subordinate officer. He did not called for by the terms of the bye-laws believe that this was a general custom; had not been regularly given. If this but, if it were so, it would only come had been the case, he should have felt, to this--that where a commanding officer that what was lost of time now, by the had under him one who achieved what discovery of such an informality, would he directed, there the vote of thanks be more than made up on future occasishould be claimed by the superior. But ons, by the regularity of their proceedthat was not a case similar to the pre- ings. But the fact was, that the prosent, where the superior officer was com duction of papers was necessary, only mander-in-chief and governor-general. when a different species of grant was to Because, when s'r D. Ochterlony had be made. The 20th section of the byedone all that rested with him, it could laws ordained, that where a gratuity of pot be said, that lord Moira had also more than £600 was called for, the report performed every thing that devolved upon of the directors, stating their reasons for him. The governor-general had not only recommending it, should be laid before a to look to the operations in the field, he general court; and that all the papers had also to wind up those in the cabinet. relative thereto, should also be produced, And, therefore, those who talked of the for the inspection of the proprietors. But prematureness of the present question, gentlemen would do him the favour to had themselves recommended the most recollect, that the bye-laws referred to premature of all courses. The motion three distinct species of grant. The 1st adverted to none but military objects, related to salaries, the 2d to pensions, and yet with that, those gentlemen re and the 3d to gratuities. The first apquested the court to give a vote of thanks plied to offices, the second to different for the winding up of the war. Now, services—the third to money given in the they could not tell whether it was ter- lump. Now, the present motion fell unminated or not-hostilities might have der the 19th section, which related to again broken out--and, until this point pensions and which required no reports, was settled on a broad and immovable no papers. It only directed, that “every basis, it would be wrong to thank lord pension, amounting to more than £600, Moira for that which probably might not should be laid before, and approved by at the time be effected. The hon. gent. a general court summoned for that pur(Mr. D. Kinnard) observed, that, during pose, prior to its being made known to the peninsular war, votes of thanks were the board of control." Here there was frequently given to the Duke of Welling not a single syllable about papers, reton, he being commander-in-chief. That port, or advertisement. But the hon. was very true-but, when he received gent. (Mr. Hume) stepped out of that those votes of thanks, he had completed section ; and, then, they found, that if every thing connected with the specific something else had been done, which was acts for which he was thus reward not done, then something that had not ed. When he had finished his mili been done, ought to have been done tary operations, he had nothing more (a laugh). He appealed to the court, to do it was not for him, as for lord whether there was any thing in the 19th Moira, to wind up the war, and make a section that called for the production of treaty of peace. He, having performed papers ? Certainly there was not. The certain acts, had no farther duties to exe forms under that section having been cute. Surely this could not be considered strictly obeyed, all that the court had to a precedent for voting thanks to an indi- consider was, whether they would suffer vidual, who, at the close of a war, pro those general hints and vague requisitions bably had many ulterior measures to to prevent them from giving to a brave complete. He agreed with the hon. gent, officer, who had nobly performed all he in thinking, that those persons, who by was appointed to do, that recompense

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