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COURT'S DRAFT,

No. 128.

OBSERVATIONS ON THE COURT'S DRAFT

No. 128.

to annex to the office the extended powers detailed in the instruction of the governor-general in council, under date the 20th March, 1800.

30. The governor-general in council selected Sir George Leith for the office of lieutenant-governor, from his personal knowledge of that officer's integrity, prudence, and firmness, and from his lordship's conviction, that the services of Sir George Leith would be eminently useful, by securing to the company all the advantages to be derived from this important

settlement.

31. Before the intelligence of this arrangement could reach England, the court of directors, in para-. graph 6, of their dispatch of the 28th August, 1800, in the public department, directed that a senior civil servant should be appointed superintendant of Prince of Wales's Island. That situation had hitherto been filled by persons not being of the company's service; and Sir George Leith's predecessor, appointed by the governor-general, Sir John Shore, was major Macdonald, a gentleman in the service of the nabob of Arcot.

32. On the 31st July, 1801, in reply to these orders, the governor-general in council stated, that he had appointed Sir George Leith to the charge of Prince of Wales's Island, a considerable time previous to the receipt of the court's orders, and the affairs of that government having been conducted with great integrity and propriety, by Sir George Leith, the governor-general in council was apprehensive that any sudden change of the government might produce an injurious effect upon the interests of the company in that valuable settlement. The governor-general in council expressed his conviction, "That the court, under these circumstances, would approve his determination to suspend the execution of their orders on this subject, until he should have submitted to the court a full view of the state of affairs at Prince of Wales's Island."

33. On the 3d March, 1802, the court again directed that one of the senior civil servants, upon the Bengal establishment, should be appointed superin, tendant, and expressed their conviction that their directions had been complied with.

34. To these directions the governor-general in council replied, on the 30th October, 1802, "that the conduct of Sir George Leith in the administration of the government of Prince of Wales's Island, had been so proper in every respect, and had tended so essentially to the promotion of the company's interests, to the improvement of the revenue, and to the economy of the finances of the island, that the governor-general in council felt himself bound by every principle of public duty, earnestly to recommend to the court the continuance of Sir George Leith in that station, until he should have accomplished the arrangement originally entrusted to him, at which period of time the orders of the court, for appointing a senior civil servant of the Bengal establishment, might be carried

COURT'S DRAFT,
No. 128.

2d. The grant of 30,000 rupees to major-general St. John, and 6,000 rupees to captain Pilkington,neither of them company's servants, as a compensation for loss of baggage, a most wanton misapplication of the company's money.

OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

into execution without injury to the service." Under
these circumstances, the governor-general in council
resolved to await the orders of the court in reply to
the reference which had been addressed to the court
on the 31st July, 1801. At the same time the gover-
nor general in council stated, "that if in the interven-
ing period of time, it should to be appear practicable,
consistently with the prosperity of the public interests,
to dispense with the future services of Sir George
Leith at Prince of Wales's Island, the governor-general
in council would avail himself of the earliest oppor
tunity of carrying into effect the arrangement dilected
by the court.'

35. The court's orders were finally carried into execution, and Mr. Farquhar, a civil servant in the Madras establishment, was appointed, on the 21st July, 1803, to succeed Sir George Leith, in the office of lieutenant-governor of Prince of Wales's Island, and received charge of that island on the 5th January, 1804. 36. In consequence of a memorial from major general St. John, stating the serious distress to which he had been reduced by the loss of all his property and effects. if the ships Queen and Kent, the governor-general in council, on the 30th December, 1800, granted a remuneration of 30,000 rupees, 3,6001. to that officer, subject, however, to the confirmation of the court of Directors, and under an engagement that the money should be refunded, in case the court should disapprove of the transaction. The grant was, there fore, left open to the decision of the court, and the having disapproved of this grant, general Sir John was called upon to refund the money which he had received, and it has accordingly been paid back, by monthly instalments, into the company's treasury.

37. Such was the distressed situation of general St. John, upon his arrival in Bengal, after the toss of his property, that some public aid must have been given to him, in the form of loan, or advance, or otherwise; as without such assistance, he could not have proceeded to the command, to which his majesty's had appointed him. It was for the court to decide ultimately, whether such assistance should be of a permanent or temporary nature; that question was left to the court's decision, and has been regulated by its authority

38. At the same time the governor-general in council, adverting to his majesty's regulation of the 1st of March, 1796, deemed it to be just and equitable to allow captain Pilkington the sum of sicca rupees, 640, or 80l. to enable him to provide himself with such articles as were immediately and indispensably necessary. The actual loss sustained by captain Pilkington in the company's ships Queen and Kent, was 8201.

39. It appeared, however, from the proceedings of a court of enquiry, assembled to enquire into circumstances of the capture of the Kent, recorded in the public department on the 12th February, 1801,' that captain Pilkington (who, on that unfortunate occasion,

assumed

COURT'S DRAFT,
No. 128.

3d. The appointment of Mr. Ewer to be sole commissiouer at Bencoolen, instead of a commission of three persons as ordered by the court.

OBSERVATIONS ON THE COURT'S DRAFT,

No. 128.

assumed the command of the recruits, and other passengers, stationed on the poop) acted with the most distinguished gallantry in defence of the Kent, and resisted the enemy from the fore part of the poop and mizen chains, for some time after they had obtained possession of other parts of the ship.

40. Captain Pilkington was dangerously wounded on that occasion, and suffered a long and painful confinement after his arrival at Calcutta. At the period of captain Pilkington's departure from India (February, 1803) he had not recovered from the wounds which he received in defence of the company's ship the Kent, and the consequences of these wounds will probably afflict him during the remainder of his life.

41. The services and sufferings of captain Pilking ton, in defence of the property of the company, appeared to lord Wellesley to entitle that officer to the favourab e consideration of the company. His lordship was of opinion, that it would establish a precedent of great injury to the public service, if captain Pilkington should suffer in his private fortune from the effects of a calamity, which would have been averted by his courage and perseverance if any exertions could have saved the Kent on that lamentable occasion.

42. Under these circumstances, the governorgeneral in council was induced to determine, that the actual loss sustained by captain Pilkington, in conse quence of the destruction of the Queen, and the capture of the Kent, ought to be allowed to that officer, as a proper testimony of the justice and honour of government, and as a salutary example to the public service. The governor-general in council,

therefore, directed. that the sum of 5947 rupees, or 7401. being the difference between the amount of his losses, and the sum already allowed on that account, should be paid to captain Pilkington, under an engagement, however, that he should repay the amount in England, if he should be u'timately required to refund this sum by the authority of the court.

43. It is impossible to understand how the term of "wanton expenditure" can be applied to this transaction, which appears to have been founded on the strictest principles of justice. and to have been consistent with the orders of the court, in subjecting the whole arrangement to the final sanction of that authority.

44. On the 17th December, 1799, the governorgeneral recorded a minute in the political department, in which lord Wellesley, adverting to the dispatches from the court of directors, under date the 29th May, in the public department, on the subject of the affairs of Fort Marlborough, informed the board, "that

the abuses and mismanagement. which had prevailed in every branch of the administration at that residency, had attracted his most serious attention, previous to the receipt of these dispatches, and that he had determined to appoint a commissioner to investigate the state of the company's affairs at Fort Marlborough,

and

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OBSERVATIONS ON THE COURT'S DRAFT,
No. 128.

and to propose that Mr. Ewer should be appointed to
that trust.

45. At the same time Lord Wellesley stated his opinion, "that no time should be lost in giving effect to the court's orders; and accordingly proposed, that Mr. Ewer should be appointed commissioner for the affairs of Fort Marlborough, with such powers and instructions as the members of council think proper."

46. The governor-general also observed, "that if any other persons were joined with Mr. Ewer in the commission, his departure would thereby be considerably delayed, and the measure would also be attended with a considerable additional expense, as it would be necessary to allow any of the company's servants at the presidency, of Bengal, who, from their rank and character, might be eligible to such a situation, a salary equal to Mr. Ewer."

47.

The governor-general at the same time acknowledged, that neither the considerations of delay or expense should prevent his proposing other persons being joined in the commission, in conformity to the orders of the court of directors, did the measure appear to him calculated to answer the views of the honourable court; but it was manifest, he thought, from the nature of the proposed investigation, than an unity of authority was essentially necessary to its success.”

66

48. By including more than one person in the commission, the enquiry would be unavoidably protracted, and opportunity be afforded to the parties interested, of exciting differences of opinion among the members of the commission, which would at least have the effect of greatly retarding the investigation, if not rendering it altogether abortive."

49. The board, concurring in the opinion and proposition of the right hon. the governor-general, “it was resolved, that Mr. Ewer be appointed commissioner for the affairs of the residency of Fort Marlborough, with a salary of 2000 sicca rupees per month, and that he be permitted to charge all his

expenses

50. The appointment of Mr. Ewer was regularly communicated to the court of directors, and, as far as lord Wellesley could form any judgment of the sentiments of that body, he had reason to believe, that they were satisfied with the arrangement, together with the whole of his proceedings respecting Bencoolen. In their letter of the 5th of June, 1799, the court expressed their approbation of the regular and judicious manner in which the general superintending control, over the Fort Marlborough residency had been exercised ;" and, in a letter dated 26th August, 1801, near two years after Mr Ewer's appointment, the court observe, that in compliance with the governor-general's recommendation, under date the 20th August, 1800, the "court should discontinue corresponding immediately through the residency at Fort Marlborough, and address all their orders relative to that settlement to the Bengal government; they transmit to the governor-general their reply to the advices received from Bencoolen, of

which

COURT'S DRAFT,
No. 128,

4th. Pension to Mr. Scawen, of 12,000 rupees per annum, instead of appointing him to an office with a salary not exceed ing that sum as directed by the court, and without assigning any reason to the court at the time for so doing,

OBSERVATIONS ON THE COURT'S DRAFT,

No. 128.

which the governor-general in council was to commu, nicate to the commissioner such parts as he might deem necessary for the commissioner's information and guidance."

51 Accordingly there is an answer from the court to the commissioner's letter dated 13th April, 1800, in the first paragraph of which the commissioner reports his arrival at Fort Marlborough, and having taken charge of the residency, which paragraph the court notice by the following observation" Needs no reply

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52. Mr. Scawen had been regularly appointed, previously to Lord Wellesley's arrival in India, to the office of military auditor-general, conformably to the repeated orders of the court of directors; and, for the period of time during which Mr. Scawen held that situation, he enjoyed the established yearly salary of the office, amounting to 40,000 rupees, or 5000l.

53. The court, in the 4th paragraph of their letter of the 1st of March, 1797, (after directing that Captain Robinson should be appointed to the office of military auditor-general, and that Mr. Scawen would resume the station of deputy) authorized the employment of Mr. Scawen," as he has been so long in the company's service," in any other office for which he might be deemed to be better qualified, with a salary equal to, but not exceeding, the amount of the salary of the com missary-general, as fixed by the court's orders of April, 1788. This salary was 12,000 rupees, or 1500l. per

annum.

54. Mr. Scawen's habits and state of health however precluded the possibility, not only of his performing the duties of deputy military auditor- eneral, with any degree of benefit to the public service, but of his serving the company in any other official capacity.

55. The governot-general was therefore reduced to the necessity of employing Mr. Scawen in official stations, for which that gentleman was utterly disqualified, of abandoning him to the most desperate state of poverty and distress, or of granting to him an adequate allowance unconnected with any official duty. Adverting to Mr. Scawen's claims, arising from his repeated nomination to the office of auditor-general by the court, to the nature of his removal, (grounded on no imputed misconduct, but solely on the necessity of the public service) and to Mr. Scawen's notorious incapacity for any active station, the governor-general in council determined to allow Mr. Scawen the monthly stipend of 1000 rupees, the salary annexed to the office of commissary-general, in 1788, until the pleasure of the honourable court should be received.

56. The amount of this allowance was regulated by the principle stated in the 14th paragraph of the general letter from the court, dated the 4th of March,

1797.

57. Mr. Scawen's case came under the consideration of the governor-general in council, on the 24th December, 1798, at the moment when the public

service

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