which he had honourably earned? The only thing, broached on the other side, which had the slightest reference to the question, was, that the court might, as the motion was now worded, be committing themselves to something like an approbation of the war, if they agreed to the resolution. Now, he would submit it to the candour of the hon. gent. (Mr. D. Kinnaird) for he knew he possessed some, whether it would not be a much fairer course, if he meant to take that objection, to have moved an amendment, comprizing all that granted by the original resolution, but omitting that part which implied an approbation of the war? The graut to sir D. Ochterlony was fully deserved by him, whether the policy of the war was right or wrong. That was a question which could not shake his claim. If, at some future time, it was agreed, that the war was improperly engaged in (which he was far from supposing) still the grant was fairly due for the brilliant services achieved by this distinguished officer. Therefore, the reasonable mode for all those gentlemen to pursue, who doubted the propriety of the war, would be, to move an amendment, giving to sir D. Ochterlony that which was stated in the resolution, but leaving out any thing that could be construed into an approbation of the war, that subject being more proper for future consideration.

Mr. S. Dixon observed, he should be very sorry if any thing he could say should give offence to his worthy friends below him. [Messrs. Hume, R. Jackson, and D. Kinnaird.] For himself, he was a plain man-and, in that respect, like a great many others in the court, could understand a truth, much better, if fewer words were used to elucidate it. He admired his worthy friends-at least all they wished him to admire, their address and oratory. But he must say, that, if he once lost sight of their arguments, even for a single minute, when he returned he found them every where but where he left them. - (a laugh) Now, with respect to the question before the court, that sir D. Ochterlony had done his duty, no doubt could exist in their minds. If the court, then, were impressed with this feeling, was it right for them to postpone doing their's, because something may arise out of certain papers, though not at all connected with him? As to the policy of the war, he had nothing to do with it. A soldier or a sailor might achieve great deeds in a war very foolishly and unadvisedly entered into; and, although the person who occasioned it might deserve censure, yet the individual who was employed to support it, ought not to participate in the punishment of his misconduct. He thought it would be premature to vote thanks to lord Moira, until they had decided on the policy of the war; they would be placed

in a very aukward predicament, if they now approved of his conduct, and afterwards, when it came fully before them, they should find it blameable instead of praiseworthy. The hon. gent. (Mr. Kinnaird) said, that thanks had been frequently voted to the duke of Wellington, while on the Peninsula. That might be so; but the two cases were entirely different. He had said before, and he would say now, that he never heard of the accession of provinces to our East-India territory, without feeling pain instead of pleasure; for in proportion as our empire in India was extended, the less powerful would the company be. His learned friend had stated, that the directors could not, with propriety, move for a reward to any individual acting under a governor-general or commander-in-chief, without first noticing the superior officer. They had numberless instances, in English history, where a different course was pursued. The great victory of the Nile was achieved by a squadron detached from the fleet commanded by lord St. Vin cent; honours were conferred on lord Nelson, while earl St. Vincent was not mentioned. On this principle he would vote for the resolution. He hoped his worthy friend (Mr. Jackson) would not feel offended at what he was about to say. He considered him as his polar star in that court, but if he found him to be a mere word-catcher, he certainly would not esteem him so much as he had done. The worthy chairman must feel himself in the most extraordinary situation, if every word uttered from the chair was to be watched in the way he had often remarked. It was most unfair to catch up every word that fell from an individual; for the purpose of construing it into a meaning that was never contemplated. This day they had heard the hon. chairman charged with having thrown out a reflection against individuals, which he firmly believed, was by no means intended. He hoped such traps for words would, in future, be discouraged.

Mr. Kinnaird rose to order.

Mr. Dixon, "I threw this out, gene rally, if you wish to take it to yourself, I cannot help it."

Mr. Kinnaird said, it was rather a hard expression, to say, that any individual sat there for the purpose of catching words. What he had said, was in complete pursuance of his argument. He had asserted, that the motion was calculated to cast reflections, since it tended to shew, that a single officer had been selected from the rest of the army.

The Chairman. "I must be allowed to say, that there was no necessity for calling the hon. proprietor to order."

Mr. Dixon proceeded. He thought they might, this day, give their thanks, and confer a reward on sir D. Ochterlony, without casting any imputation on the

conduct of lord Moira, or of any other person.

The Chairman said, he wished to throw in an observation, that would put an end to any fear lest the resolution should pledge the proprietors to an approbation of the war. The hon. proprietor (Mr. Kinnaird) had quoted the words "after the capture of provinces, important to them," which he seemed to think implied an opinion in favour of the war. That, however, was not the case. The provinces were spoken of as being important, not to us, as the hon. gent. supposed, but to the enemy. The sentence ran thus, ❝ in consideration of sir D. Ochterlony's eminent services-by which the honour of the British arms was upheld, and the enemy, after the capture of extensive provinces, important to them, were obliged to sue for peace." Enemy was the antecedent word-and, therefore, this member of the sentence could not be construed to express any opinion as to the propriety of the war. That question was still to be decided. The resolution did not include any thing unnecessary-it was intended to point out general Ochterlony's services in having subdued those provinces.

The hon. Mr. Elphinstone perfectly concurred in the motion. The war had been carried on in a most skilful manner. As to the policy in which it originated, that was a question entirely separate from the one before the court. He was, however, perfectly convinced of the necessity of the war. It could not be avoided, unless the company meant to sit down content under the most flagrant injuries.

Mr. Jackson here handed in the altered amendment. It was read by the clerk, as follows:-"That this court, though it retains a high sense of the merits and services of sir D. Ochterlony, thinks it expedient to defer the consideration of this question, until the proprietors have read the document, on which the directors have founded the report now before them."

Mr. P. Moore said, when he came down to the court that day, he thought he should give a silent vote in approbation of the motion-for he did not think it possible to take any exception to the merits of that gallant officer, who was the subject of the vote; and he was happy to find that the high opinion of his services, so general out of doors, was so firmly supported within their walls. His merits stood unimpeached-and, on the same principle, he trusted, that the gentlemen near him would not impeach the gratuity about to be bestowed on this gallant officer. He would ask gentlemen, what farther information they could expect to have at any future period? Several of them had examined documents on this subject, and what did they tell the court? Did they take an exception to the conduct

of sir D. Ochterlony? No; they praised, in the highest degree, those services which had been so often stated. Whatever his opinion might be of the rise, progress, character and management of the war, with these the conduct of sir D. Ochterlony could have no concern. To place his argument in the strongest point of view, he would assume that it was vexatious in its origin, ruinous in its tendency, unjust in its progress, and disgraceful to those who occasioned it. Allowing all this, it would only raise the merits of sir D. Ochterlony higher than they were-because, under such disadvantages, he had brought the war to a happy termination. Now, what had this vote to do with the conduct of lord Moira ? Those who supposed that it had, said, "sir David Ochterlony's merits are so great that he is entitled to this rewardbut let us wait for a fortnight, and perhaps we shall find out something that will overturn it!" This certainly was not a very generous proceeding-and he was convinced it would not succeed. He had

not read the dispatches on this subject; but had received accounts from persons in India, who stated the merits of this gallant officer to be above all praise. Individuals of his (Mr. M.'s) own family had served under him. Some of them had fallen-but it was a consolation to the survivor to know that they had done their duty. It should not be forgotten, that sir David Ochterlony had devoted himself to the service of the company, and to no other. He was one of those distinguished men who had been reared, as it were, in that great military school, India, that school, the pupils of which had superceded every other class, wherever they had been employed.

Mr. Alderman Atkins requested permission to detain the court for a few moments, with the hope, that what he should submit would tend to remove every obstacle to the most complete unanimity of sentiment. That the court was unanimous upon the basis of the discussion, there could be no doubt, for every opinion expressed was favourable to the grant proposed; it was to be lamented, therefore, that any immaterial shade of difference should interrupt that unison which ought to prevail. The general discussion seemed to turn upon regulations which were supposed to bind the court. It was not the gift itself, but the mode in which the proposition was recommended to be carried into effect, and the manner in which it was submited for approbation. His learned friend (Mr. Jackson) had entered his objection, merely with a view to the expression of his feeling upon the manner of proceeding to carry the resolution into effect. He thought that upon this, and upon all other occasions of the like kind, the court ought to have laid before it the

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proper evidence of the merits of the individual to whom remuneration was to be given. All that the learned gentleman desired to do, was to impose that check upon the proceedings and conduct of the court, which the laws of the company justified; and such as an anxious regard to the regularity of the future proceedings of the court seemed to require. By the laws of the company, the court had a right to insist upon that regularity in their proceedings which could afford them the best means of due consideration upon the question submitted to them. claiming this privilege, no blame could be attributed to any gentleman. As it was admitted that it was reasonable and proper when the proprietors were called upon to make a grant for ordinary purposes, that they should have the fullest information respecting the grounds of such grant, and the most ample time to deliberate upon the proposition, surely it could not be denied that a question relative to the grant of a pension for the reward of services, was entitled at least to the same sort of consideration. simple grant of £600 to an officer, as a remuneration for the loss of his baggage by shipwreck, required the deliberation of two general courts, before the grant could be affirmed; how much stronger did that rule apply to a case where a pension of £1000 per annum was to be voted? Still he thought the proprietors had no right to complain of the manner in which this subject was now brought before the court; but he (Mr. A.) would ask, whether there was not enough in the present instance, to entitle the court to consider whether the bye-law might not be too rigidly enforced in some cases, and whether it might not be expedient at some future time to alter it. It was in this point of view that his learned friend had felt himself justified in the interposition, which had in some trifling degree impeded the unanimity of the court. As to the bye-law, there was no doubt that the court of directors had done their duty most correctly in the manner of bringing the subject forward, -all the necessary forms of the law had been complied with: and upon this point he should be sorry that his learned friend should stand too strictly upon forms. The grace of the reward would be much diminished by delay. Heartily wishing, therefore, for the most perfect unanimity, he hoped his learned friend would withdraw his amendment. It was adImitted that the gallant officer had discharged his duty honourably and meritoriously, and with such grounds to proceed upon, and with such general feelings of unanimity as seemed to prevail in the court, he had not the least doubt that the proposition would meet with the utmost cordiality from every man. (Hear, hear!)

Mr. R. Jackson said, that before he

acquiesced in the wishes of his friend the worthy magistrate, he must beg to say a few words in explanation, with a view of recalling the attention of the court to the real state of the question.

Mr. Twiss interposed, and said, that as the hon. and learned gent. had already spoken once on the snbject, it was not consistent with the usual rules of debate to allow to any gent. a second speech upon the same question. The motion for adjournment ought to take precedence.

Mr. Alderman Atkins having made a direct request to his hon. and learned friend, with a view to an object which must be interesting to every gent. present, namely, the unanimity of this day's proceedings, he hoped his learned friend might be permitted to state what he thought necessary by way of explanation or justification of the part he had taken in the debate. This indulgence seemed the more reasonable, when the learned gent. appeared to indicate a wish to acquiesce in every thing which tended to produce an unanimous feeling in the court.

Mr. R. Jackson resumed. He was sensible of having already trespassed upon the time of the court; but he hoped not unnecessarily nor uselessly, and in rising for the second time, he assured the court, that he had neither taste nor inclination, to engage much more of their attention. It did appear to him, however, to be necessary, to call the recollection of the court for a few moments to the simple state of the question, and this only in justification of himself. The court, he hoped, would do him the justice to recollect, that in the onset, he did not suggest any thing in derogation of the bye-law; or of the course pursued by the court of directors. He had admitted, that so far as a just compliance with the regulationsof the company went, they had done their duty. All he was desirous of impressing upon the court, was, that there did not seem to be any well-founded distinction between a gratuity and a pension, as far as related to the mode in which propositions of this kind were brought under the consideration of the court. venture to consider, upon general principles, that the bye-laws in this respect might beneficially be brought under reconsideration. Without predicting, however, that this was a case, which called upon the court to be very nice in the application of precise and formal rules; and going along with the feelings of his hon. friend the worthy magistrate, and agreeing with another hon. friend, who was a member of the committee of bye-laws. and entertaining the confident hope and expectation which he did, that something would be done, by way of security to the court with regard to the subject of pensions; he did not feel himself justified in persevering in his objection. After several further observations on the

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expedience of two general courts in cases, Mr. Jackson concluded with saying, that most heartily did he enter his sentiments of applause on behalf of gen. Ochterlouy; and though he had ventured to interpose in the way observed upon, he must still state it to be his most entire conviction, that it would be wise and expedient ;-that it would be the soundest and most constitutional course, to have laid before the court, the means of informing them of the general wisdom and validity of the measure proposed. But if the purposes of expediency were answered as his hon. friend the worthy magistrate had so truly stated ;-if a great portion of the gentlemen present felt satisfied of the wisdom of the grant, it would ill become him to stand up and interpose any obstacle in the way of the general wishes of the court. It was extremely gratifying to his feelings to find, that he still had the honour of being the polar star of his learned friend, and he would assure him with the greatest good humour, that he hoped he should ever continue entitled to the same honour; and notwithstanding the open attack made upon him, he would endeavour to summon up all the good humour,-all the taciturnity, that his learned friend meant to recommend, and reply to no part of that attack; but leave the court, the public, and his country at large to judge whether a life of self-denial, such as his had been, did or did not entitle him to their approbation or their censure. The hon. and learned gentleman concluded by withdrawing his amendment.

The original question was then put, and carried nem. con.

DISQUALIFICATIONS FOR DIRECTORS.

Mr. Howorth rose, and said, that the motion most prominent in this day's proceedings being disposed of, he begged to call to the recollection of the court, the circumstance of his having given notice of a motion for this day, for submitting a resolution to the purport and effect, "That no person holding any office or place of emolument under the crown should be eligible to become a director of the East-India Company." Feeling that this was a matter of considerable delicacy, it could not but be with reluctance that he would take upon him the task of introducing such a proposition. Understanding, however, that the subject was about to be taken under the consideration of a committee, to whom it had been submitted, it was with great satisfaction that he now acquainted the court, that for the present he waived his motion, and should not give the court any trouble upon the subject.

WAR IN NAPAUL.

Mr. R. Jackson rose, and said, that his next motion would be one relating in some degree to the resolution which had Asiatic Journ.-No. 1.

just passed, namely, for the production of all dispatches from lord Moira from the commencement of the late war, down to the last dispatches received from his lordship upon that subject. Trusting that no opposition would be made to this motion he concluded by moving, "That there be laid before this court copies of all dispatches from earl Moira, from the commencement of the late war in India, to the last dispatches on the subject, except such as are of a private nature.'

The Chairman requested to know from the hon. and learned gent. whether in this motion he meant to include all the dispatches which had been received from India, and sent out in answer thereto upon the subject of the late war?

Mr. Jackson said he by no means wished that any dispatches of a private nature should be laid before the proprietors. All he desired was the production of such papers as the directors in their discretion thought sufficient to throw ample light upon the subject. It would be sufficient for his purpose if it was generally understood, either as an intimation from the chair, or by private understanding, that the papers were open to those proprietors who had any inclination to read them.

The Chairman wished to know at what time, it was the wish of the hon. gent. that the papers alluded to should be produced?

Mr. Jackson said he was persuaded it was the general wish of the court, to fall in with the perfect convenience of the court of directors. He should presume that the papers were already in a state of collation, and might with little inconvenience be submitted at an early season to the inspection of the proprietors.

The Chairman then requested to know whether it was the intention of the learned gentleman to propose that these papers be advertised?

Mr. Jackson said he had not any intention personally of that sort. He apprehended that his object could be completely attained if free access to them were permitted to those proprietors who had zeal and industry enough upon the subject to come down to the house and read them. He had no objection to say candidly, that he had not the most distant intention of raising any impression on one side or the other; but was merely desirous of having the papers submitted to the judgment and calm consideration of all gentlemen who were desirous of having authentic information upon the important question, respecting the expediency, the policy and the management of the late war. For his own part he had no intention of making any formal motion upon the subject; nor did he wish to excite any impression upon the minds of gentlemen, as to the remits or deVOL. I.

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merits of the noble lord. He should certainly suspend his final judgment upon this important question, until he had the most ample materials of forming a satisfactory conclusion. But in saying thus much he begged not to be understood as intimating any thing like a censure upon the conduct of the noble lord. On the contrary, the inclination of his present opinion, founded as it was upon what he had already seen, was favourable to that distinguished nobleman. It was his firm belief that lord Moira was highly deserving of every thing that could be said in his praise. All he desired for the present was, the means of forming a sound and dispassionate judgment. If, therefore, the court of directors would suffer the papers, to which he alluded, to lie on the table, that would completely answer the end of his motion.

The Chairman said that if the motion was confined merely to the dispatches received from lord Moira, as appeared to be the fact, it would exclude materials most important, to the end mentioned by the hon. and learned gent., namely a sound and impartial judgment. It was important that the dispatches sent by the directory to lord Moira in answer to his should also be produced; for the latter were the key to the former. He therefore suggested, that the dispatches to which lord Moira's were answers should be included in the motion.

Mr. Jackson had no hesitation in saying, that he should be much gratified in complying with the wishes of the hon. Chairman. For his own part, so far from having the slightest wish to exclude the dispatches sent to lord Moira from the court of directors, he was much obliged by the suggestion that had fallen from the chair; and with the greatest pleasure he would amend his motion, by adding the words," and all dispatches from the court of directors in answer thereto."

Mr. K. Smith thought there was no occasion for any formal motion upon the subject. In his judgment it would be quite sufficient if the court had an assurance from the chair, that the papers alluded to would be open to the perusal of such members, as thought proper to take the trouble of referring to them, without putting the company to the enormous expense of printing voluminous documents, which might or might not be read, just as it suited the convenience or taste of those for whom they were printed. The personal convenience of the proprietors would be completely satisfied, if there was a distinct understanding that the papers were within reach of the proprietors, and for all persons desirous of access to them.

THANKS TO LORD MOIRA.

Mr. P. Moore wished to know from the hon. Chairman, whether it was the intention of the court of directors to pro

pose a vote of thanks to earl Moira and the army serving in the late war in India.

The Chairman said in answer, that it would be premature to answer any question of that nature. No instructions had been given him from the court of directors upon that subject.

NAPAUL WAR.

Mr. Twiss wished to know of his honorable and learned friend whether it was his intention to ground any motion of his own upon the dispatches, for which he had moved, after they should be produced and read?

Mr. R. Jackson said that with all the respect he felt for his hon. and learned friend he did not think himself called upon to answer his question. But he would answer his learned friend in the way which would be most pleasant to his learned friend, namely, by saying, that, he (Mr. J.) was in full expectation that a motion upon this subject would originate with those honorable persons who represented the court of proprietors, as the executive power of the company. He was in expectation that a debt of gratitude would be paid to lord Moira, and he was sure that when such motion should be made it would call down an echo of plaudits from all quarters of the court. Any motion on his (Mr. J's) part certainly should not be a motion adverse to the noble lord.

Mr Twiss said, that it was in anticipation of the answer he had received, that he had troubled his hon. and learned friend with the question; for it did appear to him (Mr. T.) to be the usual course of all bodies of this description, to wait till any matter of a public nature, should be wound up, before it was required of the executive body to produce the grounds upon which the motion could be made. It might be very inconvenient to press the executive body to lay before the general body of proprietors, copies of dispatches upon any given question, until the whole affair to which the circumstance related was adjusted. Indeed it would be a contravention of the duty of the executive power to do ary thing of this kind hastily and without much consideration. It was but a proper degree of respect on the part of the proprietors to wait until the executive power were in a condition to lay before them the grounds upon which a motion could fairly be made; and there were many reasons of expediency and discretion which would not justify the directors in laying some of the documents required, open to the inspection of the proprietors at large.

Mr. R. Jackson said he was willing to alter his motion to any shape most agreeable to the court; or if his learned friend meant to oppose the motion, he would, to the best of his ability, endeavour to answer his objections; but he must first move it. The motion was, "that there be laid before the court all dispatches