COURT'S DRAFT, 5th. Increase of salary to the advocate-general, from current rupees 30,000 per annum, to Sicca rupees 3000 per month. OBSERVATIONS ON THE COURT'S DRAFT, service demanded his immediate presence on the coast 58. The governor-general, in the usual course of business, would have submitted the preceding detail at an earlier period of time, if his attention had not been entirely engrossed by a succession of events and Occupations, which appeared to him to be infinitely more important to the interests of the honourable company in India. 59. This explanation was transmitted to the court on the 28th May, 1801. The allowance, granted to Mr. Scawen, however, had ceased to be a charge on the company, that gentleman having died, at Serampore, on the 20th October, 1800. 60. In the court's letter, of the 10th June, 1801, the court observe: "Having taken into our consideration the representation in your law letter of the 2d September, 1800, of the merits and abilities of Mr. Burroughs, our advocate-general, we have agreed, for the reasons assigned in the governor-general's minute referred to therein, to confirm your resolution for augmenting Mr. Burroughs's salary to rupees 3000 per month, to take place from the 1st May, 1798, which, we are of opinion, is a very adequate remuneration for his services. We must, at the same time, object, in the most decided manner, to your having made this augmentation to the salary of the advocate-general, without previously submitting it to our consideration; and direct that, whenever you shall be of opi. nion, that the salary annexed to any office is not adequate to the duties to be performed, that you represent the same to us, and wait our ultimate decision upon the propriety of such augmentation, before you authorize it to be carried into execution." 61. This increase of salary was therefore approved by the court, no inference can be drawn from the proceedings, of any intention on the part of the governor-general to disobey the orders of the court, nor even of any improper exercise of legal discretion, since the court confirmed the salary, and has never since censured, or even mentioned, the transaction. 62. la COURT'S DRAFT, 6th. Appointment of Mr. Strettell to be advocate-general, without declaring it to be subject to the confirmation of the court. 7th. Pension to Mr. Teretta, without any condition of the court's approval. OBSERVATIONS ON THE COURT'S DRAFT, No. 128. 62. In the letter from the court of directors, public department, to the governor-general in council, dated 17th December, 1802, it is stated, "we observe by your consultations, dated 7th January, 1801, that Mr. Strettell is appointed to fill the office of advocategeneral, vacant by the return of Mr. Burroughs. We have no doubt that, in making this appointment, you had in view our orders, dated the 4th August, wherein we directed that such appointmnents should be provisional only, and subject to our approbation. We, therefore, approve of the same as a provisional appointment only, and direct that Mr. Strettell shall hold the office, and receive the salary which attaches to the same, until the arrival of the person whom we have appointed to succeed Mr. Burroughs in Bengal, when Mr. Strettell must cease to execute the duties of the office, and will resume his station of first counsel to the company." 63. It is impossible to conceive the grounds on which the appointment of Mr. Strettell can be stated to an act of disobedience or disrespect; it was not necessary to enter upon record the word "provisional," in order to enable the court to revise the appointment; Mr. Strettell being first counsel to the company, was the person who stood next to Mr. Burroughs, and being well qualified for the office, was, therefore, of course, appointed to succeed him upon his departure from India. 64. In conformity to the orders of the court, Mr. Strettell continued to hold the office of advocategeneral until the arrival of Mr. Smith, the gentleman appointed to succeed him, and then Mr. Strettell resumed his station of first counsel to the company. 65. The reasons which induced the governor-general in council to grant a pension of 532 rupees, or 661. per mensem to Mr. Teretta, are recorded in the public proceedings of the government, dated 14th October, 1801. Mr. Teretta was far advanced in life, had held the appointment of civil architect for twenty-two years, and had served the company for many years with great propriety and advantage to the public service. By a report from the magistrates of Calcutta, dated 28th September, 1802, it appeared that Mr. Teretta received the following allowances. Chargeable to the assessment) Mr. Teretta, su- rup. department under his majesty's justices of the peace. 700 perintendant Ditto, ditto, as 232 civil architect. • Mr. Teretta is 71 years of age, and has been in India upwards of 40 years. COURT'S DRAFT, 8th. Continuance of captain Hook in the office of secretary to the government in the military department,notwithstanding the court's orders for his removal; and the appointment of captain Hill to be sub-secretary in that department. OBSERVATIONS ON THE COURT'S DRAFT, 66. The magistrates of Calcutta observed, that if the governor-general in council should grant a pension to Mr. Teretta, they were of opinion, "that Mr. Blechynden appeared to them to be, in every respect, the person best qualified to succeed him, in which case, he would, of course, receive the salary attached to the office of superintendant of roads, amounting to Sicca rupees 700 per month, which was fixed at a general session of his majesty's justices of the peace." 67. "Under that supposition the magistrates ob served. the sum of 532 rupees would remain out of the fund above-stated. The whole or such part of that sum, as his excellency in council might judge to be proper, might, consequently, be granted to Mr. Teretta, as a pension for his life, without increasing the public expenditure." 68. Under these circumstances the governor-general in council directed the office of civil architect and assistant to the civil architect to be abolished, and a pension of 532 rupees per month to be granted to Mr. Teretta for his life. The governor-general observed, at the same time, that, on the decease of Mr. Teretta, it would probably be found to be practicable to save the above-stated expense of 532 rupees per month to government. 69. In the 102d paragraph of the letter from the court of directors, of the 26th March, 1801, the court of directors observe, "from the observations and sug gestions in lord Cornwallis's letter to us of the 6th March, 1788, we yielded our assent to the office of secretary to the military board being occupied by a military man. But the reasons which were urged, in favour of that measure, do not apply to the secretary to your government in the military department, more especially as the annual list and returns, formerly transmitted to us by the late colonel Kyd, are now furnished through the adjutant-general and townmajor's offices. We therefore direct, that you reconsider your recent appointment of lieutenant Hook to be secretary of your government in the military department, for the purpose of conferring that appointment upon one of your civil servants." 70. On the 20th June, 1804, the court, in the 147th paragraph of their military letter, again "directed the governor-general in council to reconsider the appointment of captain Hook to be secretary in the military department, for the purpose of conferring that appointment on one of the company's civil servants, and disapproved of the appointment of captain Hill to be assistant-secretary in the military department." 71. The orders of the court did not appear to be of that positive nature to require obedience without consideration of the convenience of the public service in India at the time when they were received. In the interval of time, which elapsed between the date of these orders, the urgency of public affairs prevented the possibility of making any revision of the office of military secretary to the government. In the years COURT'S DRAFT, No. 125. OBSERVATIONS ON THE COURT'S DRAFT, No. 128. years 1802 and 1803, captain Hook was most usefully and laboriously employed in revising the military expenses of India, under the immediate orders of the governor-general, which revision and its result were highly approved by the court of directors, in their letter of the 20th June, 1804. The Mahratta war afterwards rendered it impracticable to attempt any alteration in the office, even if it had been deemed advisable to have appointed a civil servant to that situation. 72. On the receipt of the orders of the court of directors, of the 26th March, 1801, the governorgeneral directed his particular attention to the objects of the arrangement, by which a military officer was appointed to conduct the duties of secretary to the government in the military department. The governorgeneral in council also directed his particular attention and observation to the progressive effects of that arrangement, since the receipt of the court's commands of the 26th March, 1801. It has already been stated, however, that the situation of public affairs, and the pressure of unavoidable important public business, prevented the governor-general in council from submitting in detail the result of his revisal of the proceedings of the supreme government, in 1798-9, for employing a military officer to conduct the details of the business in the office of secretary to the government in the military department. No inconvenience to the public service, or to the interests of the honourable company, had been occasioned by the delay which had unavoidably occurred, in submitting, for the consideration of the court, the result in detail of the governor-general in council's most deliberate and attentive review of this subject. 73. The governor-general in council, on the 24th January, 1805, proceeded to reply to the court's orders of the 20th June, 1804, and to state to the court the circumstances which had compelled the government to adopt the measures now under consideration, contained in the following extracts, from the proceedings of the supreme government. These proceedings will demoustrate, that the measure was not adopted without the fullest consideration, nor until experience had fully proved, that its adoption, or rather the revival of the measure, was absolutely and indispensably necessary for the proper performance of the duties of secretary to the government in the military department. Extract of a minute by lord Cornwallis, governor general, dated the 27th of July, 1787. "The detail of the arrangement of the secretary's office, I propose shall continue as at present: viz. that there should be assistant secretaries for each of the departments of secret. public, and revenue, who will act under the orders of the secretary-general. "For the military department, there is at present a distinct secretary. The board may, at some future period, deem it proper to place this office on the same footing with the others, but as this alteration at present would only affect the name, and not the business, COURT'S DRAFT, OBSERVATIONS ON THE COURT'S DRAFT, I do not propose it from respect to colonel Kyd, who Extract from the proceedings of the governor-general in council, in the secret and separate departments, dated 31st January, 1788. "The present arrangement of the secretary's office, actually suggests the propriety of rendering the office (secretary to the military department of inspection dependant upon the secretary. This consideration occurred when that arrangement took place, but the high rank and respectable character of lieutenantcolonel Kyd, were inducements to the board to suspend any alteration in the office under his control. The same arguments now oppose it; but as the board mean to form a permanent plan and connected system for conducting the business in general, they deem it necessary to declare all the outlines of it to be completed at a future period, although objections should prevent the immediate adoption of it; and upon this principle, it is resolved, that whenever lieutenantcolonel Kyd should vacate his present office, his successor shall receive no other appointment than sub-secretary to the military department, with the same allow ances as the sub-secretaries to the other departments. The nature of the business transacted in it suggests the propriety of its being filled by a military officer." Extract from the proceedings of the government in the military department, dated the 3d July, 1793 "The decease of lieutenant-colonel Kyd making a vancancy in the office of the secretary to the military department of inspection, the governor-general in council refers to the proceeding held in the secret and military department on the 31st January, 1788, when it was determined, that lieutenant-colonel Kyd's successor should receive no other appointment than subsecretary to the military department, with the same allowances as the sub-secretaries to the other departments, and that the nature of the business transacted in it suggests the propriety of its being held by a military officer; but as, on a further consideration, the appointment does not appear to the board to be necessary, they agree to abolish it altogether, and that the secretary to the government shall be instructed to take charge of the records in colonel Kyd's office, and place them in his own, where most of the duties origi nally allotted to the secretary to the military depart ment of inspection, have been conducted for some years." Extracts from the proceedings of the governor-general in council, of the 19th of December, 1796. "The secretary reports that the first assistantship in the secret and military department in the office of secretary to the government is vacant, and in consequence of the great increase in the business of the latter department, unavoidably occasioned by the late |