fore them, it was more for the conveni ence of others than for his own, because he had already made himself acquainted with the question. He had read, with attention, the document drawn up by the directors, purporting to be the protest of the executive trust against the proceedings of his majesty's ministers. The statement which it contained filled him with the utmost alarm for the very existence of the company. If the princi ple laid down by the board of control was not resisted with as much determi nation as their meditated encroachment, in 1804, (when he Mr. Moore) took an active part in the discussion, occasioned by the commissioners introducing the word "commercial" into one of the com pany's dispatches) the administration of the affairs of their military establish ment of their treasury--and of their res venue would be taken out of their hands This would certainly be the case, unless the principle was successfully opposed. It therefore became the court not to dispose of this question, on the mere read ing of the resolution adverted to. When ever the court came to read the dispatch, and to mark the alteration that had been made in it, they would clearly see their danger, and they would know how to estimate the talents and integrity of those who endeavoured to avert it.(Hear, hear They would applaud, the proceedings of their directors they would, rally around them and they would use every effort to bring them through the struggle manfullys (Hear, hear.) If they did not act thus, they would have but an imperfect jurisdiction over the affairs of India they would have but little control over the expenditure of their own property, He would now state to the court, from what he had read on the preceding day, how the facts of the case stood. A dispatch was ordered, by the board of control, to be sent out to India. The court of direc tors refused obedience to the order, bes cause it was a dispatch that ought not to be sent out, as it assumed a jurisdic tion over the affairs of the company, which was not warranted by the legislature. The Board of Control, however, maintained their point and the executive trust, in

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cil; and the question was decided against the company. But who were they who came to this decision? The very parties who, in another department, originally ordered the dispatch to be transmitted to India.(Hear, hear.) Having done that, the propriety of which was questioned, as members of another department of state, they met together, and approved of their

va act. Such was the decision that took place which he would contend, proceeded ou a misinterpretation of the act of parliament; it assumed ajurisdiction dan

ers for the affairs of India, the reasons which induced them to entertain a strong opinion against the propriety and justice. of the orders which they are now commanded to send to Fort St. George; and this court, by their counsel, having also urged to the court of King's Bench, and before the lords of his Majesty's most honourable privy council, the arguments on which this court has been advised that the matter of those orders is in no way subject to the authority of the board of commissioners; and there being no appeal from the decision of his royal highness the Prince Regent, acting in the name and on the behalf of his Majesty in council, this court ought not to avoid, and cannot lawfully avoid, obedience to the mandatory process with which they have been served, and therefore will forthwith. sign and forward the dispatch therein referred to, according to the exigency of the writ. Nevertheless, as reflection has only strengthened the opinion of this court on the merits of the case of major Hart, and as the forms of proceedings before the privy council do not admit of this court's being acquainted with their reasons for adopting a construction of the powers of the board of commissioners, directly opposite to the principles on which they were originally professed to be established, this court consider that their duty imperiously requires that they should record, by way of protest under their hands, a statement of the leading facts on the matter in question, with some of their reasons. for differing entirely from the board of. commissioners, and for humbly presuming to doubt, whether the advice which his royal highness has received is not an instance of the fallibility of that tribunal, to which alone the court of directors are entitled to appeal for redress against illegal interference of the board of commissioners.

In the mouth of December 1798, major Hart, then a captain in the military service of the company on the Fort St. George establishment, was appointed by the governor in council of Fort St. George to be commissary of grain to the army then about to proceed, under the command of lieutenant-general George Harris (now lord Harris), against Seringapatam, in the war with the late Tippoo Sultaun. The appointment was made upon the express condition, that the commissary was not, on any account, directly or indi rectly, to derive any other advantage or emolument from the said situation, than the salary paid by the government of Fort St. George. The salary assigned to major Hart was 500 pagodas (equal to £200 sterling) per month, with an allow ance of 434 pagodas (equal to £173, 12s.) per month for servants. It was the duty of the commissary of grain to take charge

of the store of public rice, provided for the use of the fighting men of the army, to be delivered out for their consumption from time to time, according to order; but the bullock drivers, and other per sons of that description, not fighting men, and usually denominated followers, employed by and under the commissary of grain, were not entitled to any rice from the public stores. They were to provide rice for themselves; or were to receive it, in lieu of money, from a separate stock provided by the commissary of grain, for the use of the followers in his own department. Previously to the march of the army, twenty garce, being equal to ninety-six thousand seers of rice, were delivered to major Hart from the compa ny's stores of rice in the neighbourhood of Fort St. George, for the use of his followers. This rice, including boat-hire, cooly-hire, and other charges, was procured at an expence of one rupee (equal in value to half a crown) for more than fif teen seers, each seer being equal to something less than two pounds avoirdupois; so that the rice supplied by the company to major Hart, cost about one penny sterling per pound. The army assembled at Vel lore, distant between ninety and a hundred miles from Fort St. George, in the month of January 1799. It marched from thence on the 11th February, and arrived and encamped before Seringapatam on the 5th April in that year, when the place was immediately invested. During the siege, on the 16th day of April 1799, it was unexpectedly discovered, that there was a most alarming deficiency in the quantity of grain which was supposed to have been in camp; and in particular it appeared, by a calculation annexed by major Hart to an official report made by him on that day, that the rice in his possession, as commissary of grain, was only sufficient for the fighting men of the army for eighteen days at half allowance, and the deficiency in the bazar, or market of the camp, was to a degree amounting to fa mine. When this deficiency was discovered, major Hart made no disclosure whatever that he was in possession of any grain other than the grain in the public store, of which a return had been made ; but on the 22d April, six days after this alarming discovery, he stated, through the means of colonel Macleod, to major-general Macauly, then hold ing the rank of captain, the private secretary of the commander-in-chief of the army, that he had in his possession a considerable quantity of private rice, which he stated that he had provided for the eventual consumption of the followers in his department, and which the major wished to sell for the use of the army.

"This communication was received

by lord Harris with extreme surprize. A detachment under general Lloyd had been dispatched, under the full impression of probable want, and every species of grain bore the most exorbitant price, from the increasing scarcity and consequent distress of the followers of the army. But the exigency of the service admitted of no alternative, and his lordship was rejoiced at the unexpected discovery of a supply, at a moment when the success of the siege was at great hazard by reason of the supposed deficiency, and he ordered the commissary of grain to take the rice which he offered for sale, into his official custody, and to bring it on his returns accordingly; but no orders were given, nor was any agreement made, as to the terms upon which it was to be applied to the public service. The quantity of rice so brought to the public account was 106,000 seers.

"Very shortly after the capture of Seringapatam, lord Harris appointed a committee of officers to enquire into the causes of the deficiency of grain; and on the 3d of June 1799, major Hart was examined before this committee. His conduct was arraigned by the governor of Fort St. George, in respect to the grain he offered and supplied to the public use. He wrote an elaborate defence, and adduced several affidavits in support of it. In the course of his examination before the committee at Seringapatam, and in the affidavits which he sent up to the government, he and his witnesses made several material statements and admissions, viz. That he purchased, by the agency of his brother in Madras, in the Baramahl, in the Nizam's bazars, and from the benjarries, as opportunities offered, about twenty-seven garce of rice; that two natives, who have each made an affidavit, were his agents in the purchase; that the rice purchased was carried upon bullocks purchased and hired by himself, and that in some instances he availed himself of some spare bullocks in the government pay; and that of the twentyseven garce so purchased, twenty-two garce thirty-three mercals and four seers arrived at Seringapatam. He stated, that he could not produce to the committee any document relating to the purchase; and assigned, as the reason why he had not any document relative to the purchase, that he had purchased the rice in the manner above mentioned.

"It is here to be noted, that major Hart no where states, that he cannot furnish an account of the cost of the rice : on the contrary, if it be true that he purchased by means of his brother and the native agents, their accounts would shew the cost. Moreover it is to be noted, that he did not allege that he purchased any at Seringapatam, when the scarcity of

rice in the camp amounted to a severe famine. It is further to be noted, that ma jor Hart states, that in some instances he used the government bullocks for carri age of his rice. By referring to these statements of Major Hart, and the per sons whose affidavits he produced, the court of directors do not mean to include themselves by an admission of their truth.

"On the 20th day of March 1800, by order of the right honourable the earl of Powis, then governor of Fort St. George, in council, with the privity and by the direction of the most honourable the marquis of Wellesley, then the governorgeneral of Fort William, in Bengal, in council, major Hart was suspended from the service of the company, until thẻ pleasure of the court of directors should be known. The general orders published by the government of Fort St. George upon the occasion were as follow:

""Fort St. George, 20th March, 1800, "G. O. by Government.-Major Thomas "Hart having been appointed to be com"missary of grain, was allowed a liberal "salary at the public expense, in consi"deration of which, the regulations for "the conduct of his department provid"ed that he should derive no other "emolument or advantage whatever.

"Major Hart, having, however, made an offer indirectly to the private secre"tary of the commander-in-chief, of a "considerable quantity of grain, stated

to be his private property, at a very cri "tical period of the siege of Seringapa"tam, an enquiry was instituted by order "of the right honourable the governor"general in council, into the circumstances of this transaction and of the "conduct of major Hart.

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On mature consideration of the "proceedings held in consequence, as "well as of the defence and explanation. "offered by major Hart, the governor in "council has been concerned to observe, "that the result, even on the admissions "of that officer himself, proves that ma->

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jor Hart's conduct has been incompa "tible with a fair and honourable dis"charge of his public duties; wherefore "the right honourable the governor in "council, by and with the sanction and "authority of the right honourable the "governor general in council, publishes "to the army his lordship's detestation "of those principles, on which an officer, "confidentially trusted and liberally re"warded, could, contrary to his boun "den duty, avail himself of his public "situation to benefit his private fortune, "under the public exigencies arising

from deficiencies in the very depart "ment intrusted to his special care.

“The right honourable the governor "in council reflects with conscious satis