Sivut kuvina

which he had honourably earned? The in a very aukward predicament, if they only thing, broached on the other side, now approved of his conduct, and after which had the slightest reference to the wards, when it came fully before them, question, was, that the court might, as they should find it blameable instead of the motion was now worded, be commit- praiseworthy. The hon. gent. (Mr. Kinting themselves to something like an ap- naird) said, that thanks had been freprobation of the war, if they agreed to quently voted to the duke of Wellington, the resolution. Now, he would submit while on the Peninsula. That might be it to the candour of the hon. gent. (Mr. S0; but the two cases were entirely difD. Kinnaird) for he knew he possessed ferent. He had said before, and he would some, whether it would not be a much say now, that he never heard of the acfairer course, if he meant to take that cession of provinces to our East-India objection, to have moved an amendment, territory, without feeling pain instead of comprizing all that granted by the original pleasure ; for in proportion as our emresolution, but omitting that part which pire in India was extended, the less powimplied an approbation of the war? The erful would the company be. His learngraut to sir D. Ochterlony was fully de- ed friend had stated, that the directors served by him, whether the policy of the could not, with propriety, move for a war was right or wrong. That was a reward to any individual acting under a question which could not shake his claim. governor-general or commander-in-chief, If, at some future time, it was agreed, without first noticing the superior officer. that the war was improperly engaged in They had numberless instances, in Eng(which he was far from supposing) still lish history, where a different course was the grant was fairly due for the brilliant pursued. The great victory of the Nile services achieved by this distinguished was achieved by a squadron detached officer. Therefore, the reasonable mode from the feet commanded by lord St. Vinfor all those gentlemen to pursue, who cent; honours were conferred on lord doubted the propriety of the war, would Nelson, while earl St. Vincent was not be, to move an amendment, giving to sir mentioned. On this principle he wouli! D. Ochterlony that which was stated in vote for the resolution. He hoped his the resolution. but leaving out any thing worthy friend (Mr. Jackson) would not thạt could be construed into an approba- feel offended at what he was about to say. tion of the war, that subject being more He considered him as his polar star in proper for future consideration.

that court, but if he found him to be a Mr. S. Dixon observed, he should be mere word-catcher, he certainly would very sorry if any thing he could say should not esteem him so much as he had done. give offence to his worthy friends below The worthy chairman must feel himself him, [Messrs. Hume, R. Jackson, and iu the most extraordinary situation, if D. Kinnaird.] For himself, he was a every word uttered from the chair was to plain man-and, in that respect, like a be watched in the way he had often regreat many others in the court, could marked. It was most unfair to catch up understand a truth, much better, if fewer every word that fell from an individual; words were used to elucidate it. He for the purpose of construing it into a admired his worthy friends-at least all meaning that was never contemplated. they wished him to admire, their ad This day they had heard the hon. chairdress and oratory. But he must say, man charged with having thrown out a that, if he once lost sight of their argu- reflection against individuals, which he ments, even for a single minute, when firmly believed, was by no means intendhe returned he found them every where ed. He hoped such traps for words but where he left them. - (a laugh) Now, would, in future, be discouraged. with respect to the question before the Mr. Kinnaird rose to order. court, that sir D. Ochterlony had done Mr. Dixon, “ I threw this out, gene. his duty, no doubt could exist in their rally, if you wish to take it to yourself, minds. If the court, then, were impress- I cannot help it." ed with this feeling, was it right for Mr. Rinnaird said, it was rather a them to postpone doing their's, because hard expression, to say, that any indisomething may arise out of certain pa vidual sat there for the purpose of catchpers, though not at all connected with ing words. What he had said, was in comhim? As to the policy of the war, he plete pursuance of his argument. He had had nothing to do with it. A soldier or asserted, that the motion was calculated a sailor might achieve great deeds in a war to cast reflections, since it tended to very foolishly and unadvisedly entered in- shew, that a single officer had been seto ; and, although the person who occa lected from the rest of the army. sioned it might deserve censure, yet the The Chairman, “I must be allowed individual who was employed to support to say, that there was no necessity for it, ought not to participate in the punish- calling the hon. proprietor to order.” ment of his misconduct. He thought it Mr. Dixon proceeded. - He thought would be premature to vote thanks to they might, this day, give their thanks, lord Moira, until they had decided on the and confer a reward on sir D. Ochterlony, policy of the war; they would be placed without casting any imputation on the

conduct of lord Moira, or of any other of sir D. Ochterlony ? No; they praised, person.

in the highest degree, those services The Chairman said, he wished to throw which had been so often stated. Whatin an observation, that would put an end ever his opinion might be of the rise, to any fear lest the resolution should progress, character and management of pledge the proprietors to an approbation the war, with these the conduct of sir Đ. of the war. The hon. proprietor (Mr. Ochterlony could have no concern. To Kinnaird) had quoted the words “after place his argument in the strongest point the capture of provinces, important to of view, he would assume that it was them,” which he seemed to think implied vexatious in its origin, ruinous in its an opinion in favour of the war. That, tendency, unjust in its progress, and dishowever, was not the case. The pro graceful to those who occasioned it. Alvinces were spoken of as being important, lowing all this, it would only raise the not to us, as the hon. gent. supposed, merits of sir D. Ochterlony higher than but to the enemy. The sentence ran thus, they were—because, under such disad“ in consideration of sir D. Ochterlony's vantages, he had brought the war to a eminent services-by which the honour happy termination. Now, what had this of the British arms was upheld, and the vote to do with the conduct of lord Moira ? enemy, after the capture of extensive pro Those who supposed that it had, said, vinces, important to them, were obliged “ sir David Ochterlony's merits are so to sue for peace.” Enemy was the ante great that he is entitled to this reward cedent word-and, therefore, this mem but let us wait for a fortnight, and perber of the sentence could not be construed haps we shall find out something that to express any opinion as to the propriety will overturn it!" This certainly was not of the war. That question was still to a very generous proceeding—and he was be decided. The resolution did not in convinced it would not succeed. He had clude any thing unnecessary—it was in not read the dispatches on this subject; tended to point out general Ochterlony's but had received accounts from persons services in having subdued those pro in India, who stated the merits of this vinces.

gallant officer to be above all praise. InThe hon. Mr. Elphinstone perfectly dividuals of his (Mr. M.'s) own family concurred in the motion. The war had had served under him. Some of them been carried on in a most skilful manner.

had fallen-but it was a consolation As to the policy in which it originated, to the survivor to know that they had that was a question entirely separate from done their duty. It should not be forthe one before the court. He was, how- gotten, that sir David Ochterlony had ever, perfectly convinced of the necessity devoted himself to the service of the comof the war. It could not be avoided, un pany, and to no other. He was one of less the company meant to sit down con those distinguished men who had been teut under the most flagrant injuries. reared, as it were, in that great military

Mr. Jackson here handed in the altered school, India, that school, the pupils of amendment. It was read by the clerk, which had superceded every other class, as follows :-" That this court, though wherever they had been employed. it retains a high sense of the merits and Mr. Alderman Atkins requested perservices of sir D. Ochterlony, thinks it

mission to detain the court for a few expedient to defer the consideration of moments, with the hope, that what he this question, until the proprietors have should submit would tend to remove every read the document, on which the direc obstacle to the most complete unanitors have founded the report now before mity of sentiment. That the court was them.”

unanimous upon the basis of the disMr. P. Moore said, when he came down cussion, there could be no doubt, for to the court that day, he thought he should every opinion expressed was favourable give a silent vote in approbation of the to the grant proposed; it was to be lamotion--for he did not think it possible mented, therefore, that any immaterial to take any exception to the merits of shade of difference should interrupt that that gallant officer, who was the subject unison which ought to prevail. The geof the vote; and he was happy to find neral discussion seemed to turn upon rethat the high opinion of his services, so gulations which were supposed to bind general out of doors, was so firmly sup the court. It was not the gift itself, but ported within their walls. His merits the mode in which the proposition was stood unimpeached--and, on the same recommended to be carried into effect, principle, he trusted, that the gentlemen and the manner in which it was submitnear him would not impeach the gratuity ed for approbation, His learned friend about to be bestowed on this gallant offi (Mr. Jackson) had entered his objection, cer. He would ask gentlemen, what merely with a view to the expression of farther information they could expect to his feeling upon the manner of proceedhave at any future period ? Several of ing to carry the resolution into effect. them had examined documents on this He thought that upon this, and upop all subject, and what did they tell the court ? other occasions of the like kind, the Did they take an exception to the conduct court ought to have laid before it the


proper evidence of the merits of the in- acquiesced in the wishes of his friend the dividual to whom remuneration was to worthy magistrate, he must beg to say a be given. All that the learned gentleman few words in explanation, with a view desired to do, was to impose that check of recalling the attention of the court to upon the proceedings and conduct of the the real state of the question. court, which the laws of the company Mr. T'wiss interposed, and said, that justified ; and such as an anxious regard as the hon. and learned gent. had already to the regularity of the future proceed- spoken once on the snbject, it was not ings of the court seemed to require. By consistent with the usual rules of debate the laws of the company, the court had to allow to any gent. a secold speech upa right to insist upon that regularity in on the same question. The motion for their proceedings which could afford them adjournment ought to take precedence. the best means of due consideration upon Mr. Alderman Atkins having made a the question submitted to them. In direct request to his hon. and learned claiming this privilege, no blame could friend, with a view to an object which be attributed to any gentleman. As it must be interesting to every gent. prewas admitted that it was reasonable and

sent, namely, the unanimity of this day's proper when the proprietors were called proceedings, he hoped his learned friend upon to make a grant for ordinary pur- might be permitted to state what he poses, that they should have the fullest thought necessary by way of explanation information respecting the grounds of or justification of the part he had taken such grant, and the most ample time to in the debate. This indulgence seemed deliberate upon the proposition, surely the more reasonable, when the learned it could not be denied that a question re gent. appeared to indicate a wish to aclative to the grant of a pension for the quiesce in every thing which tended to reward of services, was entitled at least produce an unanimous feeling in the court. to the same sort of consideration.

If a

Mr. R. Jackson resumed. He was sensimple grant of £600 to an officer, as a sible of having already trespassed upon remuneration for the loss of his baggage the time of the court; but he hoped not by shipwreck, required the deliberation unnecessarily nor uselessly, and in rising of two general courts, before the grant for the second time, he assured the court, could be affirmed; how much stronger that he had neither taste nor inclination, did that rule apply to a case where a to engage much more of their attention. pension of £1000 per annum was to be It did appear to him, however, to be voted ? Still he thought the proprietors necessary, to call the recollection of the had no right to complain of the manner court for a few moments to the simple in which this subject was now brought state of the question, and this only in before the court; but he (Mr. A.) would justification of himself. The court, he ask, whether there was not enough in hoped, would do him the justice to recolthe present instance, to entitle the court lect, that in the onset, he did not suggest to consider whether the bye-law might any thing in derogation of the bye-law; not be too rigidly enforced in some cases, or of the course pursued by the court of and whether it might not be expedient directors. He had admitted, that so far at some future time to alter it. It was as a just compliance with the regulations in this point of view that his learned of the company went, they had done their friend had felt himself justified in the in duty. All he was desirous of irepressing terposition, which had in some trifling upon the court, was, that there did not degree impeded the unanimity of the seem to be any well-founded distinction court. As to the bye-law, there was no between a gratuity and a pension, as far doubt that the court of directors had as related to the mode in which proposidone their duty most correctly in the tions of this kind were brought under manner of bringing the subject forward, the consideration of the court. He did -all the necessary forms of the law had venture to consider, upon general princibeen complied with: and upon this point ples, that the bye-laws in this respect he should be sorry that his learned friend might beneficially be brought under reshould stand too strictly upon forms. consideration. Without predicting, howThe grace of the reward would be much ever, that this was a case, which called diminished by delay. Heartily wishing, upon the court to be very nice in the aptherefore, for the most perfect unanjmi. plication of precise and formal rules; and ty, he hoped his learued friend would going along with the feelings of his hon, withdraw his amendment. It was ad friend the worthy magistrate, and agreemitted that the gallant officer had dis ing with another hon. friend, who was a charged his duty honourably and merito member of the committee of bye-laws. riously, and with such grounds to pro and entertaining the confident hope and ceed upon, and with such general feelings expectation which he did, that something of unanimity as seemed to prevail in the would be done, by way of security to court, he had not the least doubt that the the court with regard to the subject proposition would meet with the utmost of pensions; he did not feel himself cordiality from every man. (Hear, hear!) justified in persevering in his objection.

Mr. R. Jacksou said, that before he After several further observations on the

expedience of two general courts in cases, just passed, namely, for the production Mr. Jackson concluded with saying, that of all dispatches from lord Moira from most heartily did he enter bis sentiments the commencement of the late war, down of applause on behalf of gen. Ochter to the last dispatches received from his louy ; and though he had ventured to in lordship upon that subject. Trusting terpose in the way observed upon, he that no opposition would be made to must still state it to be his most entire this motion he concluded by moving, conviction, that it would be wise and ex " That there be laid before this court pedient ;—that it would be the soundest copies of all dispatches from earl Moira, and most constitutional course, to have from the commencement of the late war laid before the court, the means of in in India, to the last dispatches on the forming them of the general wisdom and subject, except such as are of a private validity of the measure proposed. But if nature. the purposes of expediency were answered The Chairman requested to know from as his hon, friend the worthy magistrate the hon, and learned gent. whether in had so truly stated ;--if a great portion this motion he meant to include all the of the gentlemen present felt satisfied of dispatches which had been received from the wisdom of the grant, it would ill be India, and sent out in answer thereto come him to stand up and interpose any upon the subject of the late war ? obstacle in the way of the general wishes Mr. Jackson said he by no means wishof the court. It was extremely gratify ed that any dispatches of a private nature ing to his feelings to find, that he still should be laid before the proprietors. All had the honour of being the polar star of he desired was the production of such his learned friend, and he would assure papers as the directors in their discretion him with the greatest good humour, that thought sufficient to throw ample light he hoped he should ever continue entitled upon the subject. ' It would be sufficient to the same honour ; and notwithstand for his purpose if it was generally undering the open attack made upon him, he stood, either as an intimation from the would endeavour to summon up all the chair, or by private understanding, 'that good humour,-all the taciturnity, that the papers were open to those proprietors his learned friend meant to recommend, who had any inclination to read them. and reply to no part of that attack ; but The Chairman wished to know at leave the court, the public, and his coun what time, it was the wish of the hon. try at large to judge whether a life of gent. that the papers alluded to should self-denial, such as his had been, did or be produced ? did not entitle him to their approbation Mr. Jackson said he was persuaded it or their censuré. The hon. and learned was the general wish of the court, to gentleman concluded by withdrawing his fall in with the perfect convenience of amendment.

the court of directors. He should preThe original question was then put, sume that the papers were already in a and carried nem. con.

state of collation, and might with little DISQUALIFICATIONS FOR DIRECTORS. inconvenience be submitted at an early sea

Mr. Howorth rose, and said, that the son to the inspection of the proprietors. motion most prominent in this day's pro The Chairman then requested to know ceedings being disposed of, he begged whether it was the intention of the learnto call to the recollection of the court, ed gentleman to propose that these pathe circumstance of his having given no

pers be advertised? tice of a motion for this day, for submit Mr. Jackson said he had not any inting a resolution to the purport and effect, tention personally of that sort. “ That no person holding any office or prehended that his object could be com. place of emolument under the crown pletely attained if free access to them should be eligible to become a director of were permitted to those proprietors who the East-India Company.” Feeling that had zeal and industry enough upon the this was a matter of considerable delica subject to come down to the house and. cy, it could not but be with reluctance read them. He had no objection to say that he would take upon him the task of candidly, that he had not the most distant introducing such a proposition. Under- intention of raising any impression on standing, however, that the subject was one side or the other; but was merely about to be taken under the consideration desirous of having the papers submitted of a committee, to whom it had been to the judgment and calm consideration submitted, it was with great satisfaction

of all gentlemen who were desirous of that he now acquainted the court, that having authentic information upon the for the present he waived his motion, important question, respecting the expeand should not give the court any trouble diency, the policy and the management upon the subject.

of the late war.

For his own part he had WAR IN NAPAUL.

no intention of making any formal moMr. R. Jackson rose, and said, that tion upon the subject; nor did he wish his next motion would be one relating in to excite any impression upon the minds some degree to the resolution which had of gentlemen, as to the remits or deAsiatic Journ.--No. 1.

Vol. I. M

He ap

merits of the noble lord. He should pose a vote of thanks to earl Moira and certainly suspend his final judgment the army serving in the late war in India. upon this important question, until he The Chairman said in answer, that it had the most ample materials of form would be premature to answer any ques. ing a satisfactory conclusion. But in tion of that nature. No instructions had saying thus much he begged not to be been given him from the court of directors understood as intimating any thing like a upon that subject. censure upon the conduct of the noble

NAPAUL WAR. lord. On the contrary, the inclination Mr. Twiss wished to know of his honorof his present opinion, founded as it was able and learned friend whether it was upon what he had already seen, was fa his intention to ground any motion

his vourable to that distinguished nobleman. own upon the dispatches, for which he It was his firm belief that lord Moira was had moved, after they should be produced highly deserving of every thing that could and read ? be said in his praise. All he desired for Mr. R. Jackson said that with all the the present was, the means of forming a respect he felt for his hon. and learned sound and dispassionate judgment. If, friend he did not think himself called upon therefore, the court of directors would to answer his question. But he would ansuffer the papers, to which he alluded, to swer his learned friend in the way which lie on the table, that would completely would be most pleasant to his learned answer the end of his motion.

friend, namely, by saying, that, he (Mr. J.) The Chairman said that if the motion was in full expectation that a motion was confined merely to the dispatches re upon this subject would originate with ceived from lord Moira, as appeared to be those honorable persons who represented the faet, it would exclude materials most the court of proprietors, as the executive important, to the end mentioned by the power of the company. He was in exhon. and learned gent., namely a sound pectation that a debt of gratitude would and impartial judgment. It was impor- be paid to lord Moira, and he was sure tant that the dispatches sent by the direc that when such motion should be made tory to lord Moira in answer to his should it would call down an echo of plaudits also be produced, for the latter were the from all quarters of the court. Any mokey to the former. He therefore sug tion on his (Mr. J's) part certainly should gested, that the dispatches to which lord not be a motion adverse to the noble lord. Moira's were answers should be included Mr Twiss said, that it was in anticipain the motion.

tion of the answer he had received, that Mr. Jackson had no hesitation in say

he had troubled his hon. and learned ing, that he should be much gratified in friend with the question ; for it did apcomplying with the wishes of the hon. pear to him (Mr.T.) to be the usual course Chairman. For his own part, so far from of all bodies of this description, to wait having the slightest wish to exclude the till any matter of a public nature, should dispatches sent to lord Moira from the be wound up, before it was required of court of directors, he was much obliged the executive body to produce the grounds by the suggestion that had fallen from the upon which the motion could be made. chair; and with the greatest pleasure he It might be very inconvenient to press would amend his motion, by adding the the executive body to lay before the genewords, " and all dispatches from the ral body of proprietors, copies of dispatchcourt of directors in answer thereto." es upon any given question, until the whole

Mr. K. Smilh thought there was no affair to which the circumstance related was occasion for any formal motion upon the adjusted. Indeed it would be a contra subject. In his judgment it would be vention of the duty of the executive power quite sufficient if the court had an assu to do ary thing of this kind hastily and rance from the chair, that the papers al without much consideration. It was but luded to would be open to the perusal of a proper degree of respect on the part of such members, as thought proper to take the proprietors to wait until the executhe trouble of referring to them, without tive power were in a condition to lay putting the company to the enormous ex before them the grounds upon which a pense of printing voluminous documents, motion could fairly be made ; and there which might or might not be read, just were many reasons of expediency and as it suited the convenience or taste of discretion which would not justify the those for whom they were printed. The directors in laying some of the documents personal convenience of the proprietors required, open to the inspection of the would be completely satisfied, if there proprietors at large. was a distinct understanding that the pa Mr. R. Jackson said he was willing to pers were within reach of the proprietors, alter his motion to any shape most agree. and for all persons desirous of access to able to the court; or if his learned friend them.

meant to oppose the motion, he would, THANKS TO LORD MOIRA.

to the best of his ability, endeavour to Mr. P. Moore wished to know from answer his objections; but he must first the hon. Chairman, whether it was the move it. The motion was, " that there intention of the court of directors to pro be laid before the court all dispatches

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