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received from earl Moira to the court of directors, from the commencement of the late war, to the last dispatches received from his lordship upon that subject: together with such dispatches as had been sent by the court of directors to his lordship, excepting such as from their nature require secresy." The hon. Chairman was pleased to ask him (Mr. J.) whether it was his wish that these papers should be advertised generally, according to the usual course with respect to the company's dispatches. Where there were dispatches on both sides, he believed it to be the uniform practice to advertise them, when they related to a question necessary to be brought under the consideration of the proprietors. Certainly, he (Mr. J.) was the last person in the court who would press any thing disagreeable to the feelings of the court of directors; but he begged to state that in making this motion, he had not merely the convenience of the proprietors now present, in view, but he looked to the convenience also of those who were absent. He was not desirous however, of carrying his motion farther than the personal convenience of the propietors seemed to require. If these papers were open to the use of the proprietors, the object of his motion would be answered.

The Chairman thought that the court could not be put in possession of the means of forming a complete view of the subject now alluded to, until further dispatches, expected, had arrived from lord Moira; therefore, even supposing that all the dispatches now in possession of the company were left open to the view of the court of proprietors, they would not give the court that complete insight necessary to the proper understanding of the subject.

Mr. Twiss opposed the motion altogether and deprecated the idea of calling for papers by instalments, when, by little delay, the whole of the papers necessary to the elucidation of the subject, might with propriety and convenience, be laid before the court. It was impossible for the court to form a connected, rational, and sound judgment upon papers produced by piecemeal. Beside the inconvenience and the injury which might arise to the interests of the company, he thought no good could be derived from the production of papers in an incomplete form. In the house of commons, the minister was extremely cautious of producing detached papers upon any given subject, pending negociations connected with the public welfare. It was not the practice of that house to require papers à priori unless strong grounds were made out. It would be wise for the executive authorities of the company to imitate that practice upon occasions of the like kind.

The hon. D. Kinnaird submitted, that the time had now arrived when the court of proprietors had a right to expect the

fullest information upon the circumstances and conduct of that war which had now come to a termination. It was competent for them to know whether the terms of peace which had been granted to the enemy were or were not advantageous to the company. The hon. and learned gentleman's reasoning did not apply to the present case. This was a complete and determined transaction, and the court of directors had it in their power to give every information which the court of proprietors could require. No injury to the public service of the company would happen from the disclosure of such circumstances as had come to the knowledge of the directors. If the war had been incomplete, or if any negociations were going on between the company and the enemy, there might then be a just apology for making premature communications, which would be injurious to the common cause. But no such reason could now be urged in opposition to the motion. The proprietors were in a fit state to receive information, and the directors were in a condition to give it. There was no pretence for suggesting that the proprietors would make an ill use of any communication which the directors might think proper to make upon the subject. The hon. gent's. reference to the practice of the house of commons had no sort of force as it respected the present question; for the hon. and learned gent's. observation applied to cases where it would be imprudent to disclose information touching treaties at the time depending; and no man could doubt the reasonableness of resisting applications for premature information under such circumstances. He hoped and trusted that the directors in complying with what was now required would have no reason to refer it to a concession, by which no injury could possibly be done. It was important the proprietors should know something of the history of that war, which was now brought to a state of conclusion,-that they should know something of the terms of that peace which had been concluded. If the hon. and learned gent. had any well grounded reason for opposition upon this subject, he hoped he would reserve his opposition until some future occasion, when a motion should be made upon the subject; but he confessed he could not understand the reason for opposing a motion, the object of which was to obtain full information upon the subject to which the attention of the court was directed.

The Chairman said it had been suggested to him from a respectable quarter that if it were allowed to lay these papers before the proprietors, there would be great difficulty in selecting those which were really important from those which might be considered as immaterial. It was impossible to define the importance of any particular paper. In the desire

however, which the court had of communicating every information in their power to the proprietors, he saw no reason fo. publishing the contents of these papers to the world. Although it appeared to him to be premature to publish these papers, he at the same time had no objection that they should be exhibited at the house, for the use of such proprietors as chose to read them. To this proposition he had no objection to agree.

The question was then put, and upon the shew of hands it was negatived.

MR. SHERSON AND MR, COOKE.

The Chairman now begged to call the attention of the court to what an honorable gentleman (Mr. Kinnaird), in the commencement of this day's business, had referred to, namely, as to what related to Mr. Cooke. If that honourable gentleman had not put any question to the chair in that stage of the proceedings, it was his (the chairman's) intention to have offered a word upon the present state of that subject. It would be recollected that there was a motion made, that the resolutions regarding that proceeding should be read. Within the last week or ten days some honorable gentlemen enquired if any further papers were in the possession of the court of directors, with regard to that subject. The answer returned was, that there were further papers, but that they were in an incomplete state, in consequence of what had passed between the court of directors and the board of controul. It was true that a communication had been made to the board of controul upon this subject, and he believed the question had undergone consideration before that board, but what the result of their deliberation was the court of directors were not at present distinctly apprized. This morning, however, just before the sitting of the court, a letter was received from the board of controul, in answer to one written to them by the court of directors upon the subject of Mr. Cooke's affairs. But it was impossible for the court of directors to enter into the consideration of that letter this morning, for there was not time for it before the hour at which he (the chairman) was obliged to take the chair; but most certainly the court would enter into the subject on an early day, and see what this letter contained: and he (the honourable chairman) had no objection, for one, to say, that as far as the proceedings had gone upon this subject, they might be open to the inspection of members. At present he was not able to state any thing upon the subject for the information of the court, until the answer alluded to was considered. Probably that communication would afford a satisfactory answer upon the subject. All that the court of directors had to do was, to bring forward the correspondence which had taken place between

them and the board of controul. At present the directors were in a state of suspence upon the subject; but, as far as the documents went, as far as they were completed, they were fairly open to the inspection of the hon. member who had mentioned the question, or any other hon. proprietor who might have a desire to see the progress which had been made.

The hon. D. Kinnaird said he was not disposed to exact any information upon the subject, which would tend to embarrass the court of directors. They would, he was sure, feel every wish to further the views entertained by the members of the court of proprietors upon this interesting subject; and he was also sure the directors would recollect that they had communicated to the proprietary the letter which had been sent out to India, containing a paragraph in furtherance of the resolution of this court to reinstate Mr. Sherson in his offices, and to procure his return to the favour of the government of Madras. Subsequent to that time, another part of the same question, he meant the conduct of Mr. Cooke, had been under the consideration of the court; . and it would not be forgotten by the honourable chairman that the reason given for not entering into a resolution at once upon Mr. Cooke's conduct, in April or May last, was, that he (the hon. chairman) thought it would be premature to form any resolution at that time upon the subject; and the hon. chairman intimated to the court, that the government of Madras had taken up the subject, and would, no doubt, act upon it, and that he (the hon. chairman) expected dispatches home by the next ship. In the result, however, it turned out that those expectations were disappointed, for no dispatches had as yet arrived. No man could doubt that it would be highly conducive to the interests of the company, as far as the administration of justice was concerned, if by the earliest ship that should go out to India, the order for restoring the much injured Mr. Sherson to favour, had been accompanied by an order to inquire into the conduct of Mr. Cooke. It was desireable, therefore, that as little time as possible should be lost in sending out a paragraph to desire that the most strict inquiry should be instituted into the conduct of that gentleman, whose behaviour had been productive of so much misery and ruin to the unhappy gentleman in question. A debt of justice was due to Mr. Sherson, not merely in his complete restitution to favour to office, but in the punishment of the author of his misfortune. He was glad to find that in the former respect, steps had been taken to do Mr. Sherson justice, but he now collected from the chair that with respect to the latter object, it was still under the consideration of the court of directors,

and that consequently no paragraph had as yet gone out to India respecting Mr. Cooke. Some discussion it seemed had taken place between the board of control and the court of directors upon the subject of Mr. Sherson's misfortunes. He hoped and expected, however, that as little delay as possible would take place in doing ample justice to that gentleman. There was no doubt of the feeling of the board of controul upon this subject;-they would, he was sure, come to this court and support the directory in whatever measure they thought necessary to adopt. In all events he (Mr. K.) most earnestly deprecated every thing like delay, in carrying into effect that which strict justice seemed to require. He hoped every thing would be done for Mr, Sherson in the way of restriction on the one hand, and of justice upon his oppressors on the other. There was only one other observation he had to make, namely, that as the court of directors had been pleased to communicate to the proprietors, the paragraph which had been sent out respecting Mr. Sherson, he hoped the like act of deference would be paid to the feelings and judgment of the court with respect to the paragraph intended to be sent out relative to the proceedings against Mr. Cooke. He hoped the terms of the paragraph would be submitted to their consideration as in the former instance.

The Chairman begged to say, in answer to what had fallen from the hon. gent, that with regard to the supposed delay that had taken place as to the proposition of the court's sending out dispatches, respecting Mr. Cooke, he could only observe, that there was no intention on the part of the court of directors, to delay what ought to be done in that gentleman's case a single moment longer than was avoidable. There was more difficulty in coming to a satisfactory judgment upon the subject, than the hon. member seemed to think. So long as the court of directors were acting under that discretionary power, with which they were vested, in order to enable them to discharge their duties properly, they would discharge them according to the best means they had of forming their judgment. After the court of directors took time to consider what opinion they ought to form, as to the terms in which their dispute ought to be framed, it was in the usual course of business, that their dispatch should be submitted to the board of revision. Their dispatch was altered in such a way by the board of revision, that the court of directors could not agree to send it out in that shape; and they thought it necessary to consult the law authorities upon the question. That proceeding, of course, occupied more time; and the result of such reference to the law authorities was the communication of that result to the board of controul. The board had

now, as he had already mentioned, returned their opinion, but the court of directors had not had time as yet to consider that opinion. After all these proceedings, he hoped the matter was now arrived at its ultimate stage, when the court of directors could come to a definitive resolu tion. Most certainly they had no intention of delaying the proceedings to be adopted a single hour longer than necessary. They had already a good deal of trouble and difficulty upon the subject; and however long the delay might seem to some gentlemen, they had an important and responsible duty, to discharge which no circumstances, however apparently pressing, should induce them to waive. The gentlemen who seemed to think that this was a matter of course, might think otherwise, if they knew the difficulties which presented themselves upon the subject. It was impossible at present to say what would be done; but most certainly when the court of directors came to make up the whole account, they would do that which the exercise of their best discretion and consideration should dictate; assuring the court that they had an anxious desire to do what was right, consistently with the regular and approved course of proceeding. The hon. gent. had alluded to what had fallen from him (the hon. Chairman) on a former occasion, in a ministerial capacity, when the court of proprietors passed a resolution respecting Mr. Sherson. Certainly the court of directors had a right to exercise their own discretion as to what should be done in a case of this description. They knew no masters to direct them in the course of their duty, and, in readily obeying the suggestion of the court of proprietors, they were not to be considered as obeying the orders of a superior power, but as doing that which they conceived to be right and proper. It was not the course of business in that court for the proprietors to be permitted to alter the dispatches of the court of directors. There was no order of the court, or bye-law, authorising such a practice. As long as the matter was left to them they would exercise their soundest discretion, and form their resolutions upon the best materials they could obtain; but it was for them, and them only, to determine what ought to be done. He concluded by repeating, that there should be as little delay as possible in coming to a final judgment upon the subject; but he assured the court that any anxiety to press the directors upon the subject, so far from hastening, would delay their determination.

Mr. Kinnaird wished to know whether it was to be understood that the proprie tors, in this instance, as in the former, would be made acquainted with the paragraph, which the directors intended to send out respecting Mr. Cooke ?

The Chairman. Certainly.

Mr. Kinnaird gave notice that it was probable he should suggest some addition to the paragraph, when it was laid before the court.

The Chairman requested that the hon. member would not mistake the matter. No doubt, whatever paragraph the court of directors chose to adopt, would be submitted to the proprietors; but it was to be distinctly understood, that the paragraph, whatever it might be, was not subject to alteration by the proprietors. So said the law of the company, and it must, in this, as in all other instances, be strictly adhered to.

Mr. Kinnaird wished to know whether the hon. chairman meant to say, it was to be understood, that if the board of control acquiesced in a paragraph sent for their approbation by the court of directors, after that it was not in the power of the court of proprietors to alter that paragraph?

The Chairman. The law says, no.

Mr. Kinnaird said, that it was now his duty to state, in consequence of this communication from the chair, that the only reason why a distinct resolution was not passed on a former occasion, on the subject of Mr. Cooke,—a resolution recommending the court of directors to direct that a suit should be immediately commenced against Mr. Cooke for a conspiracy, that he should be immediately suspended from his office, and that he should not be continued in the office he held-and that Mr. Sherson should be placed in the situation from which Mr. Cooke should be dismissed; and, finally, that Mr. Cooke should be rendered incapable of holding any office in the company's service. The only reason (he said) why this resolution was not carried by the court of proprietors, (which they most certainly intended to do), was, that it had been communicated to them by the hon. chairman, that it would be a premature step, as the directors were in daily expectation of the arrival of dispatches from the Madras government. If it was now to be understood, that the business was to be settled, without referring the matter to the court of proprietors for their consideration and proval, he must, for one, say, that he should call upon the proprietors to pass a resolution, giving directions to the court of directors, in this instance, as in the former, to word their paragraph, with particular orders and directions to the Madras government, "that a suit be immediately commenced against Mr. Cooke, and that he be suspended from his office." This he thought to be his duty, and he hoped the court of directors would attend to this recommendation as in the former case. He had no doubt that when such notice was given on the part of the proprietors, the directors would im

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mediately suspend their paragraph untif they had received the directions of the court of proprietors. He therefore now gave notice, that he should request that a court be called for the specific purpose of agreeing to such a requisition,-that when the court should be summoned, he should request the proprietors to take the subject into their consideration; and he had no doubt that the resolution would meet the approbation of the court of directors. He was persuaded that the ho nourable body would not only follow up the proceedings against Mr. Cooke with the greatest promptitude, but that they would give express and positive directions to the Madras government that he should be forthwith suspended from his employments, and that they would instantly proceed on the other hand, to reward the merits of Mr. Sherson, whilst in the other, they would proceed, by all legal means, to punish the gross misconduct of his oppressor. It was true a conpensation had been voted to Mr. Sherson, but that was not a sufficient offering to public justice. It was not enough that Mr. Sherson was proved innocent, but his wrongs ought to be avenged in the prosecution and just punishment of him who had conspired to bring ruin upon his character, and destruction to every thing dear to him in this world. If Mr. Cooke was innocent, it ought to be made manifest by a public trial; so that his conduct might be rescued from the heavy charges which lay at his door; but, if guilty, he ought to be visited with that punishment which his misconduct justly deserved.

Mr. Alderman Atkins said, that after what had just dropt from the chair, it was quite clear that no decisive judgment could be formed upon the subject for the present, but he should hope that care would be taken to lose no time in coming to a final decision. It did not appear to him that the mode of proceeding adopted by the court of directors and the board of controul was quite correct. After the feeling manifested by the court of proprietors on a former occasion, and after that feeling was repressed in the way already mentioned, there was something uncandid in the communication now made, that any objection which the proprietors might think proper to suggest to the wording of the paragraph, would be deemed inadmissible; this, he must say, was not quite fair dealing with the proprietors. If this determination should be persisted in, he most certainly should support the recommendation proposed to the directors, for wording their paragraph in such a way as that complete justice should be done. Having so much justice done to Mr. Sherson, as the resolution of the last court had obtained for him, he (Mr. Atkins) for one, thought that in the further pursuit of that object,

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it would be well to institute inquiries into the conduct of Mr. Cooke, and if found guilty, that he should be punished; but he hoped that, in carrying that inquiry into effect, no degree of violence or revenge would mark the proceeding. The proprietors had, in his judgment, a right, at least, to call upon the directors to give some pledge, or some declaration, that in their paragraph they would take care that strict justice should be done to both parties; at the same time that they would guard against any undue means of obtaining that object.

Mr. R. Jackson submitted, that all the papers upon this subject should be laid before the proprietors, before they were called upon to form any conclusion as to the merits of the question. He contended, that if the proprietors were not permitted to suggest alterations in the paragraph now alluded to, it would be a contravention of the resolution which had been formerly passed respecting Mr. Sherson; and a contravention of what was the understanding upon this subject at that time. If this principle were admitted, the directors might send out their paragraph without the proprietors knowing any thing about the matter. He doubted very much whether the directors had a right to divest the proprietors of this right; but iu all events he thought that, upon the score of courtesey, a quality so necessary to the harmony of every public body, the proprietors were entitled to the consideration of the directors.

The Chairman said that, without adverting to what might be the opinion of the court of directors in this latter stage of the proceedings, to which he was not authorized to allude, and therefore he could only give his own opinion, if he were to say any thing upon the subject; he had only now to say, that for himself generally he had not the slightest objection to lay all the papers before the court of proprietors for their perusal; those papers would be very much at their service. But he had no conception that what the learned gentleman now stated, with respect to the paragraph founded upon the former resolution, was true in fact. He had no idea that the paragraph adopted in favour of Mr. Sherson, contained in itself an order for the entire suspension of Mr. Cooke; he never understood that such a communication to the government of Madras was then intended to be, made; he had not the slightest conception that any intention of that kind was expressed, still less adopted, by the proprietors. He was at a loss to understand how the course now proposed by the directors was a contravention of the former resolution of the proprietors. What was now suggested by the proprietors, seemed to him to go to this extent, that the court of directors had no

thing more to do than adopt whatever the proprietors thought proper to suggest; that they must fill up their dispatches just as it pleased their taste or wishes. He would not enter into the merits of the case, nor would he enter into the consideration of what might or might not be the determination of the court of directors; they would exercise their own judgment and discretion, and give their own orders accordingly. He could not conceive what the object of the present discussion was, after the communication he had made, that the court were willing to lay before the proprietors all the papers that were necessary. With respect to the proposition for sending a paragraph out, for the immediate suspension of Mr. Cooke, and putting him upon his trial for conspiracy, he had only to say, that it was not an usual thing for the East-India Company to dismiss their servants from office, without first hearing what they had to say to the charges imputed to them. It was in this spirit that the court of directors forbore to adopt such summary measures as had been suggested.

Mr. Bosanquet lamented that any misunderstanding should take place between the court of directors and the proprietors, but justified the conduct pursued by the former.

Mr. Jackson explained.

Mr. Kinnaird in explanation notified that he should not personally persist in his motion at the next general court, but said it would be open to any other proprietor to bring the question forward.

Mr. Hume bore testimony to the excellent qualities of Mr. Sherson, with whom he had served for some years in India.

After some further desultory conversation, and mutual explanation, between the Chairman, Mr. R. Jackson, Mr. Kinnaird, and Mr. Dixon, the discussion upon this subject ended without any decisive result.

HERTFORD COLLEGE.

Mr. Hume said he came down to the court with the intention of moving for papers connected with a subject which was sufficiently notorious, he meant the disturbances at the East-India College; but as he understood that the proper offcers were occupied in investigating the conduct of the students, he should not make any motion at present.

The Chairman said that all he had to observe was, that whenever the honour able gentleman chose to bring forward any question upon that subject, as it was a question of importance, involving many points of public as well as private interest, he trusted that it would be discussed fully and impartially; and he hoped, if possible, that all considerations, other than those in which the public interest was concerned, would be excluded.

The court then adjourned, sine die.

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