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Captain MAXFIELD said that he had examined the papers, and felt himself justified in seconding the motion.
The CHAIRMAN requested the attention of the Court for a few moments. The Court of Directors were induced to prefer a charge against certain persons, and found it necessary to include one of their body in the accusation. Before the trial came on, the usual distribution of patronage took place. Captain Prescott, on that occasion, requested that his share of patronage might be withheld until the result of the trial was known. After the trial, the circumstance had occurred to which the Hon. Baronet had alluded. No resolution was passed in the Court of Directors, but it was intimated in a friendly disposition to Captain Prescott, that, if the question were put as to his receiving the usual share of patronage, certain Members of the Direction would feel themselves obliged to oppose it. This information had been communicated to Captain Prescott in kindness and confidence, and no step had been taken subsequently.
Mr. D. KINNAIRD said, he understood the practical effect of the motion to be the restoration to Captain Prescott of powers which the Act of Parliament gave to every Director. Before he proceeded further, he might be permitted to offer his tribute of sincere admiration of the manliness, kindness, and simplicity of character which the hon. Baronet had displayed in bringing this question forward, and which distinguished every act he performed. (Hear, hear!) On no occasion had the worthy Baronet done himself more honour than in his attempt to place Captain Prescott fully and fairly before the world. At present the gallant Director stood in a very equivocal position. He imputed no blame to the Court of Directors on that account: they had themselves been placed in a difficult situation since the trial. But, they being in that state of difficulty, he expected them to take some decided step to extricate themselves from it. He wished to cast no imputation on them; he believed them to have been quite bewildered by the novelty of their position; but he considered it a positive duty which they owed to themselves and to the Court of Proprietors, to adopt a straightforward and decided course on this subject. The matter having been submitted to a jury, it was then for the Court of Directors, or Court of Proprietors, if they thought it necessary, to propose a vote of censure on Captain Prescott, if they considered his conduct improper, although it might have been strictly legal. Neither the Court of Directors nor the Court of Proprietors had adopted any such proceeding; and, as far as he was acquainted with the circumstances of the case, Captain Prescott might be considered acquitted of any thing but weakness. He understood that some of the appointments given by Captain Prescott had been revoked, and the parties who received them made the victims. He considered this a very questionable proceeding on the part of the Court of Directors, as the appointments were not illegal. The Court of Directors ought, in his opinion, to have abstained from doing more than bringing the parties to trial. The Court of Directors were not to judge of the qualifications of persons whom the Proprietors had appointed to sit together behind the bar. It was not fair, he thought, to condemn Captain Prescott, as it were, by a side-wind. If he were worthy of censure, he ought to be visited with it in a direct manner. For his part, he was prepared to restore Captain Prescott to his privileges. It might be objected to all the Directors that they more or less studied their own advantage in the distribution of their patronage. In canvassing a Scotch county, would not the circumstance of a candidate being near being made a Director be sure to procure him a majority of votes? (Hear, and laughter.). Was not that corruption? (Hear!) He had not heard
it whispered that Captain Prescott had been influenced by any motives of an interested nature. He appeared to have confided too much in the honour of near relations, not suspecting that they could make him the instrument of an improper disposal of his patronage. (Hear, hear!)
Mr. POYNDER said he had not read the papers, and, therefore, he could not vote for a proposition which went positively to acquit Captain Prescott.
Mr. R. JACKSON said, he never knew a resolution, even remotely approaching to this in importance, to have been brought forward without due notice. He could not agree to a resolution of this nature, which implied some degree of control over the Directors, without reading the documents. The hon. Bart. had told them that Captain Prescott had not touched one fragment of this polluted bribe; but, though this gen tleman was so far incorrupt, yet he (Mr. Jackson) could not accede to a proposition of the kind now before the Court, without imputing some degree of blame to Captain Prescott. There was, in one of those letters, an avowal of Captain Prescott which had very great weight with him; and, though the tenderest feelings might have led Captain Prescott to a dereliction of his duty, yet he (Mr. Jackson) would not be acting a manly part, if, when the subject came fairly before the Court, he did not state that there was such a letter as that to which he alluded. He would blame Captain Prescott as gently as he could; but he would not suffer himself to be betrayed into this wholesale kind of acquittal.
The CHAIRMAN said, that, at a Quarterly Court, any question could be discussed without previous notice. The inconvenience that had resulted from the practice had, however, caused notices to be generally given. He thought that practice should have been followed on the present occasion; and, if he did not rise in the first instance to offer a suggestion to that effect, it was only because he felt the subject to be one of difficulty and delicacy. (Hear !)
General THORNTON protested against the doctrine, that it was neces sary to give notice of a question brought forward at a Quarterly Court. If the Hon. Bart. did not postpone his motion, he would feel it his duty to vote in its favour.
Mr. STEWART said, that the papers relative to Capt. Prescott's case had now been before the Proprietors for two months. Any person could make himself acquainted with their contents in an hour or two. He had read the papers, and it was the firm conviction of his mind that Captain Prescott had not been actuated by any corrupt motive, though he had been guilty of imprudence; and of that the resolution before the Court did not acquit him. He objected to further delay, and thought that the Court ought to come at once to a decision. The conduct of the Court of Directors, with respect to the prosecution, was highly to be applauded. They had done their duty manfully and properly; and the Proprietors would now do theirs by confirming the acquittal of Captain Prescott unanimously, (as he trusted they would,) clearing him from all imputation, and restoring him to the full and entire exercise of the functions of his office. (Hear!)
Mr. GAHAGAN was of opinion that the time which had elapsed since the printing of the papers, had not been sufficient to enable the Proprie tors to give them the consideration which they deserved. The hon. Baronet would best consult the object which he had in view by consenting to postpone the motion. If a man thought his character involved, he should not seek to obtain an acquittal per sultum. The hon. Director had certainly been acquitted by a jury; but he had himself declared that
he did not value that acquittal, unless he was also acquitted by the Proprietors. It would be better to give notice of the motion, and then, if the hon. Director were acquitted, he would be acquitted with much better grace than he could now.
Mr. FRESHFIELD recommended the hon. Baronet to postpone his motion, but declared his intention to support it when again brought forward. He would, he said, rather be Captain Prescott than the individuals who gave the advice that he should be included in the prosecution.
Mr. PATERSON said, he had not read the papers, and, as there were, doubtless, many Proprietors in the same situation, he would move that the debate be adjourned to that day fortnight.
After a short conversation, in which Mr. Weeding, Sir C. Forbes, and Mr. D. Kinnaird participated, Mr. Paterson's motion was agreed to unanimously, and the Court then adjourned.
CIVIL AND MILITARY APPOINTMENTS, PROMOTIONS, AND CHANGES IN INDIA.
[B. signifies Bombay-M. Madras-and C. Calcutta.]
ALDOUS, Brev. Capt., and Lieut. 38th N. I., to be Capt. of a Company, v. Fleming, prom.-C. Dec. 28.
Agnew, E. J., Assist. Surg., to do duty with Artill. at Dum Dum.-C. Dec. 15. Armstrong, R., Lieut.-Col. H. M.'s Royal Reg., to have command Southern Div.
of Army, during the absence of Maj.-Gen. Campbell.-M. Jan. 4.
Athill, Lieut., to be Assist. to Chief Engineer, v. Capt. Jervis, resigned the ap pointment.-B. Dec. 1.
Ashton, W., Esq., to be Sub-Collector of Sea Customs at Madras.-Jan. 18. Anstruther, P., Esq., to be Collector of Customs, of the District of Colombo.
-Ceylon, Jan. 8.
Becher, G., Lieut.-Col. 10th Light Cav. on furlough to Eur.-C. Dec. 28. Blaquiere, G. D., Lieut. 8th N. I., to be Adj. v. Rippon, prom.-M. Dec. 28. Boardman, E., Lieut.-Col. 45th N. I., to command Trichinopoly.-M. Jan. 8. Brodie, J., Lieut.-Col. 9th N. I., to command Vellore, v. Fair, on furlough.
M. Jan. 8.
Balmain, A., Lieut.-Col. 30th N. I., on furl. to Eur. for health.-M. Jan. 4. Browne, F. H., Ens. 23d. N. I., to be Lieut. v. Ramsay, dec.-B. Dec. 4. Browne, C. H., Lieut. 23d N. I., to be Acting Quart.-Mast. v. French.-B.
Bagnold, M. E., Capt. 23d N. I., to be Maj. v. Deschamps, prom.-B. Dec. 4. Baker, G. P., Maj. 38th N. I., to be Lieut.-Col. v. Lloyd, invalided.-C. Dec. 28, Barstow, J. A., Lieut., to act as Interp. and Quart.-Mast. in absence of Lieut. Smith.-C. Dec. 13.
Benson, R., Capt. 11th N. I., to be Assist. Sec. to Military department, v. Maj. Lockett.-C. Dec. 28.
Bainbridge, T. D., Cadet, prom. to Cornet.—C. Jan. 4.
Barring, J. D., Cornet 1st Light Cav., permitted to resign.-C. Jan. 4.
Bogle, A., Lieut. 2d N. I., appointed to officiate as Dep. Judge Adv. Gen. to Dinapore Div., in absence of Capt. Steel.-C. Dec. 18.
Brown, P., Lieut., Interp. and Quart.-Mast. 29th N. I., suspended, not sufficiently qualified.-C. Dec. 21.
Brown, Lieut.-Col., on furl. to Eur. for health.-B. Dec. 5.
Brown, B., Mr., to be third Judge of the Provincial Courts of Appeal and Cir cuit for the Division of Calcutta.-C. Feb. 14.
Braddon, W., Mr., to be fourth Judge and Magistrate of Provincial Courts of
Appeal and Circuit, for the Division of Calcutta.-C. Feb. 14.
Barlow, R., Mr., to be Judge and Mag. of the 2d Pergunnahs.-C: Feb. 14.
Barlow, R. W., Mr., to be Registrar of Bhangulpore, and Joint-Magistrate, stationed at Moughyr.-C. Feb. 14.
Barwell, A. C., Mr., to be Salt Agent at Cuttack.-C. Feb. 14.
Foujdarry Udalut, and Dep. Persian Translator to Government.-M. Feb. 1.
and to reside at St. Thomas's Mount.-M. Jan. 28.
Babington, C. S., Ens. 15th N. I., on furlough to Neilgherry Hills, for health. -M. Feb. 1.
Batten, G. Maxwell, Mr., to be Assistant to the Secretary to the Government in
the Persian Department.-C. Jan. 18.
Brown, W., Esq., Additional Government Commissioner for Claims withdrawn from the Carnatic Fund.-M. Jan. 25.
Bishop, C. T. G., Lieut-Col. 28th N. I., to com. Trichinopoly, v. Boardman, on furl.-M. Jan. 22.
Bullock, S., Capt. 3d Light Cav., to be a Dep. Judge-Adv.-Gen.—M. Jan. 22. Bradford, W. J., Capt. 35th N. I., to be Dep. Judge-Adv.-Gen., to the troops
serving on the coast of Tenasserim.-M. Jan. 22.
Budd, R. H. J., Ens. 3d L. Inf., on furl. to Eur. for health.-M. Jan. 25.
Blunt, W., Mr., to be a Puisne Judge of the Courts of Sudder-Deivanny and Nezamut-Adawlut.-C. Jan. 3.
Barwell, E. R., Mr., to be third Member of the Board of Rev., Lower Province. -C. Jan. 3.
Buchanan, J., Sen.-Lieut. and Brev. Capt. 1st L. C., to be Capt., v. Larens, retired.-M. Jan. 8.
Burt, N. M., Sen.-Lieut. 8th L. Cav., to be Capt., v. Gordon, dec.-M. Jan. 8.
Conway, H., Lieut. and Adj. 53d N. I., to act as Station Staff at Bareilly, in absence of Brig.-Maj. Hay.-C. Dec. 10.
Charlton, A., Lieut., 6th extra N. I., to be Adj. to 2d Misseree Bat. v. Lawrence, resigned.-C. Dec. 13.
Comyn, P. T., Lieut.-Col., rem from 53d to 24th N. I.-C. Dec. 19.
Cock, Jas., Lieut.-Col., Comm. 12th N. I., on furl. to Eur.-C. Dec. 28.
Corbett, Jas., Assist.-Surg., app. to 4th Light Cav.-C. Dec. 20.
Conolly, H. V., Esq., to be Head-Assist. to Principal Collec, and Magis. of Bellary.-M. Jan. 4.
Chippendale, S., Assist.-Surg., permitted to enter on general duties of the Army. -M. Dec. 21.
Cole, R., Assist.-Surg., app. to do duty under Surg, of 1st Brig. of Horse Artill.-M. Dec. 21.
Cooke, C. J., 2d Lieut. Artill., posted to 3d Batt.-M. Dec. 22.
in Dooab, in absence of O'Donnoghue, on furl.-M. Jan. 4.
Campbell, Sir Arch., Maj.-Gen., H. M.'s service, temporarily app. to command Southern Div. of Army.-M. Jan. 4.
Croad, F., Lieut. H. M.'s 20th Foot, to act as Brigade Major to Field Detachment of Bombay troops, with the Dooab force.-B. Dec. 17. Crawford, S., Esq., to be Assist. to Accountant-Gen.-M. Jan. 29.
Clive, R., Esq., to be Chief Secretary to the Government in the Mil. Depart. -M. Feb. 1.
Chamier, H., Esq., to be Secretary to the Government in the Mil. Department. -M. Feb. 1.
Coombs, J. M., Lieut.-Col., rem. from the 52d to the 26th N. I.-M. Jan. 23. Cotton, F. C., Lieut. Eng., to be Assist. to the Civ. Eng. in the Centre Div., v. De Butts.-M. Jan. 18.
Chisholm, A., Lieut. 30th N. I., on furl. to Eur. for health.-M. Jan. 22. Chinnery, W. C., Lieut. 4th N. I., to be Quart.-Mas. Interp. and Paym., v. Huldane.-M. Jan. 25.
Conolly, H. V., Esq., to be Head Assist. to the Principal Collector of Tanjore. -M. Jan. 18.
Campbell, R., Capt. 43d N. I., to take rank, v. Crucroft, dec.-M. Jan. 8.
Coxe, W. B., Capt. 43d N. I. to take rank, v. Budd, dec.-M. Jan. 8.
Crowe, R., Sen. Capt. 46th N. I., to be Maj., v. Hunter, prom.-M. Jan. 8. Codrington, R., Lieut. 46th N. I., furl. extended to enable him to rejoin.
-M. Jan. 19.
Daniell, A., Cornet, having declined his appointment, is struck off the strength
of the Army.-C. Dec. 28.
Denty, H. F., Maj. 53d N. I., on furl. to Eur.-C. Dec. 28.
Desormeaux, C., Surg., to be Garrison-Surg. of Vizagapatam, v. Underwood. -M. Dec. 28.
Deschamps, H. R., sen. Maj. Inf. to Lieut.-Col. v. Hicks, dec.-B. Dec. 4. Durantoy, Lieut. 49th Mad. N. I., to take charge of European and Native Details at Belgaum.-B. Dec. 29.
Daw, James, Surgeon, to be Garrison-Surg. of Surat, v. Paton on furl. -B. Dec. 17.
Decluzeau, Capt. Artill., to act as Superintend. of Bazars, in absence of Lieut. Mars, on furl. to the Presidency.-B. Jan. 12.
Dazell, J. A., Esq., to be Principal Collector and Magistrate of Cuddapah. -M. Feb. 1.
Davis, W. D., Esq., to be Sub-Collector and Joint Mag. of the Southern Div. of Arcot.-M. Feb. 1.
Davidson, R., Assist. Surg., posted to 2d Brig. Horse Artill.-M. Jan. 23. Dunlop, W. W., Ens. 50th N. I., furl. extended to enable him to rejoin his reg.
-M. Feb. 1.
De Butts, A., Lieut. Eng., to be Assist. to the Super. Eng. in the Presidency Div. v. Pears.-M. Jan. 18.
Davidson. R., Sen. Assist.-Surg., to be Surg., v. Dean, retired.-M. Jan. 25.
Dyke, P. A., Esq., to be Collector of Trincomalee, and Agent of Govern. for Tamankadewe, v. Anstruther.-Ceylon, Jan. 8.
Etang, E. de l', Ens. 68th N. I., to be Sub.-Assist. in Hon. Comp.'s Stud, v. Bracken, dec.-C. Dec. 28.
Fleming, J., Capt. 38th N. I., to be Maj., v. Baker, prom.-C. Dec. 28.
Forbes, G., Mr., admitted Assist.-Surg.-C. Jan. 4.
Fast, J. W., Lieut.-Col., rem. from 24th to 53d N. I.-C. Dec. 19.
Fair, Alex., Lieut.-Col. 51st N. I., perm. to resign command of Vellore. -M. Dec. 28, and on furl. to Eur.
Fawcett, H., Lieut., 1st Light Cav., to act as Brig.-Maj. on northern district of Guzerat.-B. Dec. 3.
French, P. T., Lieut., to be Adj. 23d N. I., v. Ramsay, dec.-B. Dec. 4.
Forster, J. T., Lieut., Quar.-Mast. of Marine Batt., to act as Interp. to 7th N. I. -B. Dec. 17.