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port to the court, communicating their proceedings, and proposing further measures for the court's adoption, as also a draft of a letter referred to in the said report.

31st Jan. The report of this day's date, with the letters to the parents, &c. and the declaration to be made by them, was approved.

5th Feb.: The court, after considerable discussion of the above, confirm the same; but resolve that the consideration of what is further to be done on the said report be adjourned to the 11th of Feb.: when it is resolved, that the committee of patronage be instructed to proceed in the examination of the other members of the court, as they did with themselves. It was then moved, that the declaration proposed in the report be upon oath: on this, the motion of ad-, journment was carried.

25th Feb.: A report signed by 15 directors, approves the declaration, and recommends that the several persons to whom the same is sent, be requested to confirm such declaration upon oath.

Another report on the same day, signed by 12 directors, recommends that no further proceedings be had in this business till the 1st of May. Both the above reports are approved by the court.

Sir Francis Baring dissents from the resolutions to call for the declaration on oath.

The committe of patronage ceasing with the direction in April; on 18th June 1800, the court took in to consideration the propriety of re-appointing the said committee,

It being moved, "That a committee of patronage be re-appointed;" an amendment was moved, to leave out all the words after the word "that," and to insert in their room the following, "it does not appear to this court, that any circumstance has been stated to the court, by the committee lately appointed for an inquiry into the disposal of patronage, that can induce or would justify the court in adopting the illegal and novel administration of extra-judicial oaths to a variety of persons, not directly connected with the East India company or the management of its affairs, and which, though it would tend to throw a suspicion upon the court at large, which no circumstances that have hitherto come to the knowledge of the court can induce them to suppose the members. thereof merit, would not, they conceive, be an effectual mode of briuging to light any such practices, even if such in any partial instance should have existed."

On the question for the amend ment being put, the votes for, and against, were equal; when the lot decided for the amendment.

26th Feb., 1800: The right Honourable Henry Dundas addressed the court, acknowledging the receipt of their minute; and stating, that he feels it a duty that he owes 25th June: The chairman, deboth to himself and the court, to puty chairman, and eight other diomit no means in his power for as-rectors, dissent from the resolution certaining whether any person whom not to re-appoint the committee of he has obliged through the favour patronage. of the court, has presumed to abuse his kindness in so sordid and unwar rantable a manner.

24th Sept. A motion was made in the court of proprietors, that the above proceedings be read; they

were

were read accordingly, and notice given by the mover, of his intention of bringing the subject for ward at a future court.

20th Jan. 1801, It was "moved, That it is the opinion of this court, that the inquiry into the alledged abuse of patronage, ought to be continued."

It was moved to amend the said motion, by adding thereto the following words, "to investigate any charge that may be made of cor-rupt practices against any one or more of the court of directors." The above amendment passed in the negative;-when a ballot was demanded on the original question; it was, 3d Feb. 1810, lost by a majority of 139; 411 voting for the question: against it, 550.

The following opinion of counsel was given to the court of directors, previous to the ballot being taken; viz.

"Case for the East India company :

Whether the court of directors, or any committee of the said court, whether considered as a committee of that court, or as a committee of proprietors, be legally authorized to call for the examination of such persons upon oath, as recommended by the court of directors in their resolution of the 25 Feb. 1800; or whether in their opinion any magistrate would be justified in administering the oath so recommended; and generally to advise concerning the legality and effect of such proceedings.

"We are of opinion, that neither the court of directors, nor any committee of the said court, or committee of proprietors, have any legal authority to require or receive examinations of persons upon oath,

as recommended by the resolution of the court of directors of the 25th Feb., 1810; and that no ma gistrate will be justified in, adminis tering such oaths.

"We therefore think the proposed proceedings would be conirary to law." (Signed) J. MITFORD, W. GRANT, J. MANSFIELD; T. ERSKINE, G. Rous.

If this house should in its wisdom adopt any legislative measures for the purpose of preventing all traffic in the disposal of offices under government, it will, in the opi nion of your committee, be proper to extend the same protection to patronage held under the East India company; but they see no reason to recommend any special or separate provisions as applicable to their case, judging that the East India company has within its own power the most effectual means for accomplishing that end.

It can never be advisable, without absolute necessity, to add new offences to the long catalogue already enumerated in he penal statutes; nor is it wise to diminish the sanctity of oaths by resorting to them upon all occasions. Where solemn declarations have been habitually disregarded, little reliance. can be placed upon the sanction of any other species of asseveration. Instances occur but too frequently, where an oath comes to be considered merely as part of the official form by which an appointinent is conferred; and the human mind, fertile in self-deception, accommodates itself with wonderful facility to overcoming all scruples, or applies a perverse ingenuity to evadIi 3

ing

ing all restrictions which stand in the way of present interest. Little fear of detection is eutertained, when transactions are in their nature private and confidential; and the appellation of honour, most improperly applied to negociations of this clandestine kind, attaches, by a singular perverseness, a stronger degree of obligation to the performance of such engagements, upon the very ground that they are illegal.

With a view to prevent all dealings in patronage, the obvious and natural mode will be to take away all inducement to traffic in it; and this can only be attained by making the hazard of such speculations greater than the temptation.

The regulations of the company are founded upon this true and efficacious principle. But examples have hitherto been wanting to demonstrate the determination of the court of directors to enforce their orders; no instance of purchasing or procuring by undue means an appointment in the civil or military service of the East India company, after such appointment had actually taken place, and since the court's Resolution of 28th of Feb., 1799, having been so far established, as to enable the court to dismiss the -party appointed.

The immediate consequence of the information contained in this report, must be, that a certain number of persons in the service of the company will be instantly deprived of their employments, recalled from India, and declared incapable of again receiving any appointment under the company. The money improperly given for procuring these situations, will be absolutely lost, without any possibility

of recovery; and those who have either imprudently or corruptly been concerned in obtaining what they conceived to be benefits for their relatives or friends, will find that they have done the greatest injury to those whom they desired to serve, by inducing them to dedicate some of the best years of their lives to an employment, which the original defects, and corrupt practices through which it was obtained, must disqualify them from prosecuting.

Hard as some of these cases must be, and innocent and ignorant as many of the young men nominated under these circumstances probably are, of the undue means by which their appointments were acquired, your committee are of opinion, that nothing but a strict adherence to the rule laid down by the court of directors, can put a stop to the continuance of these abuses, and prevent the chance of their recurring.

In 1779, when, in the course of the investigation already mentioned, indemnity was offered to all those who would make a fair and candid disclosure of all the circumstances through which their situations had been procured, though information was gained with regard to facts, no example could be made, in consequence of such disclosure, of those who were found offending; and it may be doubted whether such practices have been less prevalent since that inquiry, than before. The deficiency of their power to compel persons to answer, precluded the court of directors from discovering, if they punished, or from punishing if they discovered, the traffic which was the subject of complaint.

The

The oath taken by the directors seems as effectual as any thing which can be devised for the purpose of guarding against corruption, so far as the directors themselves are immediately concerned; and your committee have already remarked, that no one case of corruption or abuse, which has been before them, affects any member of that court, It is, in the passing through several hands, which happens frequently with regard to the more numerous and less valuable appointments of cadets, that opportunities for this sort of negociation are presented, which, without a greater degree of vigilance and strictness on the part of each director, at the time of making such nomination, it will be impracticable to prevent in fu

ture.

Your committee may perhaps be exceeding the limits of their province, in the further considerations to which this subject leads; but as they decline recommending any special legislative enactment, their view of the proper remedy for these abuses may be incomplete, unless they proceed to suggest some other observations.

The unpleasant duty of increased vigilance is not likely to be performed without some incitement of benefit or disadvantage, attendant upon the exercise, or neglect of it; and it is equally conformable to experience to presume, that patron age will continue to be abused, so long as no inconvenience is felt by the person primarily giving, or by the person ultimately receiving it.

Where strict 'examination is a duty, any species of negligence cannot be wholly blameless; and it appears not unreasonable to curtail in some degree, the patronage of those,

who have either not been sufficiently watchful in the disposal of it, or whose diligence has been unsuccessful in preventing the abuses which. are complained of. As an additional check against those who are inclined to purchase such appointments, it may be expedient that a bond should be given by the parent, guardian, or friend of every person receiving a nomination, containing a penalty to be paid to the Eest India company, upon proof bing made at any subsequent period, that any valuable consideration was given for such appointment; that species of proof being deemed sufficient to levy the penalty, upon which the court of directors may think themselves autliorized to vacate the appointment.

The practices which are developed in the present report, and other transactions which this house has recently had under its cognizance, are sufficient to demonstrate, that patronage of various descriptions has, in several instances, become an article of traffic; that an opinion of the generality of such practices has been prevalent to a still greater extent; and that fraudulent agents have availed themselves of this belief, to the injury of the credulous and unwary, and to the discredit of those in whose hands the disposition of offices is lodged. It will depend upon the steps which may be taken in consequence of these inquiries, whether such abuses shalf receive a permanent check, or a vir-tual encouragement.

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14th of February, of an attack having been made by our troops on the island of Martinique; the whole of which, with the exception of Fort Bourbon, which was expected to surrender in a few days, was in our possession.

The details of the attack are given at considerable length in the Barbadoes Mercury, from which we extract the substance of the narrative.

The expedition arrived off Mrtinique on Sunday, the 29th of January. On the morning of the 30th they separated in two divisious, the Acasta hoisting a broad pendant, and, leading that with the division of the army under the commander in chief, and Sir George Prevost, intended to effect a landing in Bay Robert, while the admiral, Sir A. Cochrane, proceeded with that under Major General Maitland round Maran, and entered the bay of St. Luce.

The commander in chief immediately issued a proclamation, inviting the inhabitants to submit immediateto his majesty's forces, holding out on the one hand the advantages they would derive from quiet submission, and on the other, the calamity that would arise from a fruitless resistance.

In the afternoon of the 30th, the division under the immediate command of Lieutenant-general Beckwith, effected a landing at Bay Robert; Sir G. Prevost, and Brigadiergen. Houghton, with the first brigade, landed first, and advanced the same evening some distance in to the country. This brigade consisted of the 7th regiment, under Lieutenant-colonel Peckenham, 23d under Lieutenant-colonel Ellis, and five companies of the 1st West India regiment, under Lieutenant-col

onel Tolley. The second brigade led by Lieutenant-general Beckwith, having under him Brigadier-general Colville, consisted of the 8th regiment under Major Maxwell, the 13th under Lieutenant-col. Keane, and four companies of the 1st West India regiment, under Major Clifton. The reserve commanded by Lieutenant-colonel Blackwell, cORsisted of the 3d battalion 60th regiment, under Major Mackey, the flank companies of the 25th regiment, the 4th battalion of the 60th, and the 4th West India regiment. Trinity surrendered on the 31st.

The second division, under the command of Major-general Maitland, also landed on the 30th at St. Luce. The first brigade, led by Major-general Maitland, having under him Lieutenant-colonel Barnes, consisted of the 63d regiment, under Lieutenant-colonel Fairtlough, and York rangers, under Major Henderson. The second brigade, commanded by Lieutenant-colonel Riall, consisted of the flank companies of the 15th and 46th regiments, under Major Payne, the 15th regiment, under Major Davidson, York L. 1. Volunteers, under Lieutenant-colonel Streicher, and 8th W. I. regiment, under Lieut.col. Prevost. The reserve, commanded by Lieut.-colonel M'Nair, consisted of the 90th regiment, under Major Wright, and 31st West India, under Major Allen.

The fort of Cape Solomon was taken possession of, and positions were taken for the purpose of at tacking with effect Pigeon Island, which held out till the 4th of February, and then surrendered at discretion, nearly sixty men on the part of the enemy having been killed and wounded during the bonbardment.

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