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that what the honourable proprietor had stated was merely a notice.

Mr. PETER MOORE faid, he could not but admire the honourable gentleman's candour in propofing fuch a committee. It was making the minority task-mafters of the majority.

Adjourned at half paft 8 o'clock in the evening.

TURSDAY, Jan. 27, 1801.

This day a General Court of Proprietors of Eaft India Stock was held at the East India House, for the purpofe of determining by ballot the following queftion, viz.

"That Lieutenant Colonel James Oliver, late of the Fort St. George eftablishment, be reftored to the Company's fervice."

In the evening, the ballot being finally clofed, the ferutineers appointed by the general court to examine the number of votes for and against the faid queftion, made their report, "That Lieutenant Colonel Oliver had a large majority of votes for being restored to the Company's fervice;" whereupon the Chairman declared the fame to

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[The following Report of Mr. ALEXANDER THOMPSON's Speech, in the Debate on FRIDAY the 18th of June laft, was communicated to us after our Abstract of that Debate had been put to prefs; but we think it fufficiently interefting to be inferted here.]

Mr. RANDLE JACKSON moved, "That this court doth approve of the principle of the bill, confiding in the wifdom and juftice of his majefty's ministers, and the uniform and zealous attachment

of the court of directors to the interefts and honour of their conftituents; that in carrying the fame into a law, every proper precaution will be obferved for the due maintenance of the rights and privileges of the company."

Mr. ALEXANDER THOMSON feconded the motion. He cbferved that the correfpondence of the Chairman and Deputy Chairman with Mr. Dundas, the explaRations given by them to the court, and the able tpeeches of the learned counfel who had preceded him, rendered it unneceffary to occupy the time of the court with any very particular remarks. Of the political changes propofed by this bill, he did not pretend to be a fufficient judge; but as far as he was able to comprehend the fcope and tendency of them, they met his entire approbation. With refpect to the propofed alteration in the courts of juftice at Madras, he might venture to affirm that there was no proprietor who had turned his thoughts to the fabject, who not only would approve, but had long anticipated the abfolute neceffity of the meafure. The Chairman had himself justly remarked, that the alderman, however refpe&table and upright they might be in their individual capacities, and he did not doubt but they were highly fo, were not well calculated to adminifter justice, in a court of juftice properly conftituted; they neither had the time and leifure, or the legal and profef fional knowledge neceffery to qualify them for fuch a fituation; hefides that, from their mercantile interefts, and extended tranfuctions, they must frequently find thenfelves embarraffed by their private iverets and connexions with the fuitors. It had been remarked by the learned gentleman who preceded him, that differences had exifted betwixt the recorder and the dermen; and that protefts had been feat home. The learned gentleman had

paid a handsome and a well merited compliment to the abilities and integrity of Sir Thomas Strange; and he well knew that thefe differences regarded only the establishment of fees, the fixing of falaries, and framing regulations of the court, but by no means the adminiftration of justice; for he would venture to affert, that their was but one univerfal opinion of approbation of Sir Thomas Strange's upright, pure, and able adminiftration of juftice in India; and he would venture to predict, that, if he either died in the execution of his judicial functions, or fhould be obliged to leave the country from ill health, he would leave the fame im-' preffion in the prefidency of Madras, of his upright and pure discharge of his duty, that he had left in another part of his majefty's dominions, in which he had adminiftered juftice; and he had no doubt in his own mind, but the honourable tef timony which all ranks of men had borne to his able conduct as a judge there, had recommended him to the prefident of the board of controul for his prefent fituation; and that Mr. Dundas, by the appointment of fo able a man, had given us an earnest of the pure choice he meant to make of the perfons intended to adminifter justice at Madras, under the new bill, An honourable proprietor had remarked, that favings had been made at Bengal, in new modelling the court there, which went confiderably to diminish the expence of the prefent eftablishment. He said, he did not know if Sir Thomas Strange had yet tranfmitted the table of fees, rules, and regulations of falaries for the recorder's court at Madras; but when he did, he would venture to affert, from his knowledge of his pure and upright mind, that economy and propriety had been equally confulted there.

The CHAIRMAN here obferved, that Sir Thomas had tranfmitted the rules and regulations alluded to, and that they were every thing the proprietor who was fpeaking, or the court, could with, Mr. Thomfon concluded, after a few more remarks, with giving his hearty affent to the motion before the court.

APPEN

APPENDIX

TO THE

DEBATES AT THE EAST INDIA HOUSE.

"Head Quarters, Choultry Plain, April 1ft, 1800.

"To JAMES OLiver, Esq. "Late Lieutenant-Colonel on the Madras Establishment.

"SIR,

"I have had the honour to receive your letter of the 27th ultimo. I can eafily form a judgment of the diftressed state of your mind, at this trying moment, when you are about to quit, under the difpleafure of our honourable employers, a fervice in which you have fo long ferved with fo much merit and military reputation, and in which you have confequently acquired the approbation and efteem of all thofe under whom and with whom you have ferved.

"It must be some confolation, however, if fuch a predicament admits of confolation, to you, to perceive that your brother officers in general feel as much regret on the occafion as you yourfelf can feel, and have done all that, under fuch circumftances, they could with propriety do. They have come forward with one accord, to exprefs the high opinion they entertain of you as a foldier, by a voluntary contribution, to enable you, knowing the diftreffed state of your circumftances, to pafs the latter days of a life well spent in the fervice, at leaft free from want, and to enable you to proceed to Europe, to implore the directors to reconfider your cafe.

"Neither you yourself, Sir, nor any one officer of this army, can prefume to arraign the wisdom, and necessary justice, which has guided the councils and dictated the refolutions by which you fuffer--a decifion fo neceflary for various reafons, but, in particular, to fupport the honour and dignity of the Company's govern

ment, that even you, who fuffer by it, must applaud it.

"The only hope, therefore, which now ought to be formed, is, that your general merits may induce a refum; tion of the confideration of your cafe, with a view to the poffibility, that the whole tenor of your character, and a long feries of approved fervices, may be allowed to ope rate as a fet-off for the errors you have fallen into in the cafe in queftion-first, by difobeying the orders of the di rectors in regard to the employment of money in the country; and fecondly, by attempting to juftify the proceeding.

"In the firft, I am forry to fay, you have only done that which was but too generally practifed by others, and I fear, I may add, that which was but too much connived at.

"In the fecond, I am convinced that you acted unfortunately by the advice of lawyers, who, I fhall take the liberty to fay, were of all men the most to be avoided by an officer under fuch circumftances.

"As matters ftood, I do not conceive it poffible for the directors to have acted more wifely than they have done; but having done that which it was fo indifpenfably neceffary for them to do, and that which I truft will effectually put a ftop to a practice which they have fo long willed to put a flop to, let us for a mo ment indulge the hope, that, fatisfied with having made this neceffary example, they may permit your niany merits to recover you from the fatal confequences of thefe errors, and restore you to a fervice that lofes you with fo much regret.

"That this is the cafe is evinced by the fentiments expreffed by your brother offi cers, and the fubfcription they have ehtered into; which, however, is evidently and avowedly fo managed, as to do away the poffibility of a fufpicion of any fpirit

of oppofition to the wife and juft decree of the Court of Directors. No fund is eftablished-You are, Sir, put in poffeffion of no means to enable you to litigate or conteft the cafe; for although it was well known that nothing was farther from your thoughts, yet it was neceffary that the army, in juftice to itfelf, fhould, in this fubfeription for your relief, cautiously guard against the risking any fuch imputation in the manifefting its perfonal efteem for

you.

"It has therefore been fo arranged as merely to provide for the immediate expence of your voyage to England, to enable you more effectually, on the fpot, to folicit the Directors. And fubfequently to furnish finall future annual fubfcriptions, the aggregate of which, annually collected and remitted to you, will guard the remainder of your life from want, fhould the rigid juftice of the Directors not admit of their yielding to the plea of fo many meritorious acts in their fervice, as a fet-off against errors of judgment, to which there were unfortunately fuch ftrong temptations, followed up by the advice of evil counsellors.

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The fudden death of my mother, and the diftance at which her funeral will take place, made it expedient for me, as a matter of neceffity and decency, to requeft you will have the goodness formally to contradict the notice I fent in to you and the Chairman of the Directors fome days fince, relative to a motion as to abuse of patronage.

"I am, Sir,

"Your obedient fervant,
"T. JONES."

of the Directors of India."

"The conduct of your brother officers upon this occafion, I am inclined to believe, will operate ftrongly with the Directors in your favour, and, managed as it has been, can never induce them to harbour, for one moment, an idea derogatory from the high character which the CoatTo the Chairman and Deputy Chairman Eftablishment has acquired by its uniform attention to the ftricteft rules of fubordination and discipline. Thefe fentiments, Sir, have induced me to take that lead in this bufinefs for which you exprefs yourfelf fo grateful; and in fo doing I truft I have manifefted an intention due to your merits, without countenancing in any degree your errors, and without committing, in any fhape, the facred integrity of the truft at prefent vefted in me.

"I now, Sir, take my leave of you with fincere regret, having ever looked to you with increafing efteem fince you was an enlign immediately under my command in the year 1771; and this regret is only moderated by fome hope that I allow myself to entertain, that I may yet live to fee you again honourably employed in the fervice.

Wishing you health, a fpeedy, pleafant, and fuccefsful voyage;

"I have the honour to remain, with much efteen and regard,

"Sir,

"Your faithful fervant, (Signed) "JOHN BRAITHWAITE.” "A true copy, JAMES OLIVER."

PAPERS alluded to in Mr. TWIN-
ING's Speech, p. 104.
At a General Court of Directors,
held on Tuesday the 13th of
May 1800,

Refolved, to take into confideration the
propriety of continuing the Patronage
Committee till the 11th of June.
At a General Court of Directors,
held on Wednefday the 11th of
June 1800,

Wednesday next the 18th, 1800.
Ordered, that the Committee meet on

At a Court held on Wednesday
the 18th,

The Court proceeded to take into con fideration the propriety of re-appointing the Committee of Patronage.

It was moved that a Committee of Patronage be re-appointed.

A motion was made, to amend the faid motion, by leaving out all the words after

the

the word "that," and to infert the following:

"It does not appear to this Court, that any circumftance has been ftated to the Court by the Committee lately appointed for an inquiry into the difpofal of patronage, that can induce or would juftify the Court in adopting the illegal and novel administration of extra-judicial oaths to a variety of perfons not directly connected with the East India Company, or the management of its affairs, and which, though it would tend to throw a fufpicion upon the Court at large, which no circumstance that has hitherto come to the knowledge of the Court can induce them to fuppofe the members thereof merit, would not, they conceive, be an effectual mode of. bringing to light any fuch practices, even if fuch, in any partial infance, fhould have exifted."

And the question being put by ballot, that the words propofed to be left out ftand part of the queftion, the fame was carried in the negative. The queftion, fo amended, was then put; and the votes being equal, for and againft, two lots were prepared, pursuant to the Company's charter; and the Treasurer, being called in, drew the lot which determined the queftion in the affirmative.

[We think it material to fubjoin to this Appendix, the following letter to the Proprietors of India Stock from two refpectable Directors; together with the opinion of Counsel upon the difputed queftion, Whether or not the Court of Directors could legally require or receive examinations of perfons upon oath ?] To the PROPRIETORS of EAST INDIA STOCK.

HAVING Concurred in demanding a ballot again the important question propofed for your decifion, the 3d of Feb. we fhould have thought it our duty to trouble you with our reafons, if we had not feen a paper, figned by the gentlemen who stood forward upon that occafion, now in circulation, which renders it unneceffary.

"Since then, the Court of Directors

have received the following legal opinions, which, we truft, will fully juftify the conftitutional and public grounds, which we have thought it our duty to take.

"The proprietors may be affured, that we always will promote inquiry founded upon every cafe of well-grounded fufpi

cion.

But we ever have, and we hope ever fhall be ready, to ftand forward, to protect the honour and the privileges of the meaneft individual, against a fpirit of perfecution, and in fupport of the law and conftitution of our country. We have the honour to be,

66 'Ladies and Gentlemen, "Your obedient and humble Servants, "FRANCIS BARING. "JACOB BOSANQUET." Eaft India House, Jan. 30, 1801.

CASE for the EAST INDIA COMPANY.

Whether the Court of Directors, or any Committee of the faid Court, whether confidered as a Committee of that Court, or as a Committee of Proprietors, be legally authorised to call for the examination of the Court of Directors, in their refolution perfons upon cath, as recommended by of the 25th of February 1800; or whether, in their opinion, any magiftrate would be juftified in adminiftering the advife concerning the legality and effect oath fo recommended, and generally to of fuch proceedings?

Court of Directors, nor any Committee We are of opinion, that neither the of the faid Court, or Committee of Pro prietors, have any legal authority to require, or receive, examinations of perfons upon oath, as recommended by the refo lution of the Court of Directors, of the 25th of February 1800; and that no magiftrate will be juftified in adminiftering fuch oaths.

We therefore think the proposed preceedings would be contrary to law.

J. MITFORD.
W. GRANT.
J. MANSFIELD.
T. ERSKINE.
GEO. ROUS.

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