158. The future amount of saving, which may be annually applied to the reduction of the original cost of the house is, at least, 50,000 rupees, or 6,2501. Taking it at 6.000l. annually, from January, 1804, to 1813, (the period when the company's charter will expire the sum applicable at that period to the reduction of the prime cost of the building will be 54,000l. From this sum, however, is to be deducted the charges of repairs, estimated at one per cent in the cost of the building, as it stood in January, 1804, viz. (sicca rupees 7,02,320, or 89 0501.) say 10 0001. and the cost of the new government-house, together with the expense of all the improvements, &c. effected in the town of Calcutta, will not, in 1813, exceed 45,000l.

159. It is to be observed, that, if the new government house had not been built, and if the general plan, adopted in December, 1798, had not been carried into execution, the company must have disbursed the sum of Sicca rupees 5,18,904, or 64,8631. and must also have rebuilt the council house, and incurred a considerable expense for the repair of the wharf at the custom-house; at the same time, the necessity of building a new house would, every day, have become more urgent and indispensable

160. This expense, therefore, would have been a dead charge upon the company's revenues, and there would not have been (as there is at the present moment) a valuable property to counterbalance such expenditure.

161. The question has been argue in this place merely as a question of expense, without adverting to any of the numerous advantages which have been derived from the execution of the plan for the improvement of the public Luildings of the govern

ment..

162. In addition to the great convenience which has been felt in the transaction of public business since the completion of the new government-house, the construction of that edifice has, during seven years, afforded employment to a numerous class of useful and industrious workmen of all descriptions, and has greatly contributed to improve every branch of labour and manufactures at Calcutta. The health of the town of Calcutta has also been greatly benefited by the various improvements which have been made in the different streets and avenues in the vicinity of the government house, and by the improvement of the drains and roads in that quarter. The plan having been so far successful, it was lord Wellesley's intention to have extended it to every other part of the town and its vicinity, through the voluntary aid of the inhabitants, assisted, in a certain degree, by the government,

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

vernment. The objects in lord Wellesley's contem-
plation are stated in the annexed minute; some pro-
gress was made in the execution of the plan, and a
great deal of valuable information was collected by
the members of the committee, and submitted to the
government. But the war with Holkar, and other
more important transactions, suspended the further
proceedings of the government-general in the pro-
secution of its views for the improvement of the town
of Calcutta.

163. The result of the preceding observations establishes the following facts:

164. 1st. That a revision of the condition of the public buildings of the government in Bengal was indispensable at the period of lord Wellesley's arrival in India in 1798; and that the construction of a new government-house was a measure of acknowledged necessity and advantage, and that it could not have been delayed without exposing the public interest to great inconvenience, without entailing an immediate and unprofitable expense to a considerable amount, and without subjecting the company to the necessity of a much greater expense at a future period of time.

165. 2d. That every practicable degree of precau tion was observed, to ensure accuracy in the preparation of the estimates.

166. 3d. That the usual forms were observed to check the expenditure of the work, and that the utmost attention was manifested in the construction of the building, purchase of materials, &c. &c.

167. 4th. That the different proceedings, relative to the government-house, and to public buildings, were undertaken, after mature deliberation, by the governor-general in council, and have been regularly submitted, at different periods of time, to the notice and control of the court of directors.

168. 5th. That when the whole plan shall have been completed, the arrangements for the public offices brought into full operation, the surplus ground+ sold, and the new streets and avenues finished, great advantage will result to the convenience of the public business, the health and ornament of the town, and ultimately to the just economy of the public money.

169. With respect to the court's remark on this disbursement, as contrasted with the expenditure of the government-house, it would be sufficient to state,

that

• Vide lord Wellesley's minute, 16th June, 1805. (Appendix A.) There is some ground in the vicinity of the government-house which belongs the company, and which it was lord Wellesley's intention to have disposed of on proper terms, to any person who would have agreed to have followed a fixed plan of building, to assimilate with the architecture of the government-house. From the increased demand for houses in Calcutta, and from the scarcity of ground for building, the company's ground, which it was in contemplation to sell, would, not only from the preceding considerations, but from the nature of the situation, have been valuable.

COURT'S DRAFT,

No 128.

with the circumstantial account of trifling articles of expenditure, specifying, as an instance, the sun of 97 rupees, 13 annas (about 131.) disbursed at captain Gunge, in the repair of a temporary building. Paragraph 22.

Charging the govermor-general with a deficiency of respect" towards the court of directors, and an "evasion of duty" in not having addressed the court separately on a variety of subjects, on which he promised to address them. Para. 23 to 25.

The court are displeased with the expression of the governor-general's sentiments respecting lord Clive, and with the support afforded by the governor-general to his lord ship. Para. 26.

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

that this circumstance only serves to manifest the regu-
larity of the government of Bengal, in the statement
of its ordinary expenditure in each department. No
sum, however small, is expended without being regu-
larly accounted for, or without being stated either in
the proceedings or in the general letters to Europe. If
the communication of such trifling expenditure, in the
ordinary records of the several departments, be deemed
objectionable, the practice may be discontinued. But,
until the court's orders, on this subject, shall be signified
to the government abroad, such reports, even of smaller
sums than 97 rupees thirteen annas, will continue to be
stated in the usual course of official detail.

170 The preceding statements and remarks will, it
is trusted, afford sufficient evidence that lord Wellesley
never relaxed his earnest endeavours to execute, with
punctuality and dispatch every part of the various
duties of his arduous charge, among which his primary
object was to afford to the court of directors the ear-
liest and most complete information of the state of
affairs, compatible with the urgent demands of active
and laborious loca' service, and with the necessary
division and distribution of the several branches of
the public business.

171. On this subject it will be sufficient to quote the 106th paragraph of the letter from the governor general in council to the court of directors, dated the 20th of May, 1805.

"Whatever may have been the extent of the errors
which the governor-general in council may have coin-
mitted in the pursuit of these important and laudable
objects, he is persuaded that your honourable court
will receive with favour his sincere assurance, that
in every act of the government his motive has been a
just zeal for the prosperity of your service, com-
bined with an anxiety to manifest every degree of
dutiful respect for the orders and wishes of your ho-
nourable court."

172. The public records of the governments in India
afford such abundant testimonies of the cordial support
which Lord Clive has afforded to Lord Wellesley in
every crisis of difficulty and danger, that it would in-
deed be surprizing if the most intimate cordiality did
not subsist between two persons of similar principles
in the execution of great public trusts, and of equal
zeal for the honour and prosperity of the public inte-
rests committed to their charge. Lord Wellesley cer-
tainly could have no desire to support lord Clive, or
any other public officer, in a contumacious attack
upon the court of directors, but he would have aban-
doned every principle of duty and of gratitude, if he
had withheld from lord live, after his long and suc
cessful administration of the government of Fort St.
George, these unqualified eulogiums," to which the
sourt object in the paper No. 128, and which closed
lord Wellesley's public correspondence with lord Clive
in India. In point of fact, however, lord Wellesley
never saw lord Clive's letter, to which the court
objects, before it was dispatched to the court.
178. This

COURT'S DRAFT,

No. 128.

Irregular innovations in the practice of public busi

ness. Para. 27.

The court observes, that, at the head or several days' consultations, they observe, that the following minute is entered: "His excellency, the most noble the governor general signifies, that it is not his intention to attend the meeting of council, and desires that the proceedings which may be held at the meeting be communicated to him for his approbation."

Paragraph 30 to 67 inclusive, relate to irregularity in the mode of keeping the public records, in the public correspondence, and in other branches of the public business.

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

173. This minute and proceeding appear to be strictly conformable to the law. By the act of parliament, 39th and 40th of the king, cap. 79, dated 28th July, 1800, clause 12, page 634, it is enacted, "that if the governor-general of Fort William, in Bengal, for the time being, or the governor of the said presidency of Fort St. George, and of the said presidency and island of Bombay respectively, for the time being, shall happen to be absent from any council to be assembled for the said respective presidencies of Fort-William and Fort St. George, and the said presidency and island of Bombay, owing to indisposition, or any other cause whatsoever, and shall signify such his intended absence to such council so to be assembled there. then and in every such case the senior member for the time being, who shall be present at the council so ass me bled, shall preside at such council, and in such manner, and with such full powers and authorities during the time that such council shall continue to be assembled, as such governor-general or governor might or would have had in case such governor-general or governor were himself actually present at such council: provided, nevertheless, that no act of any councii so held shall be valid to any effect whatsoever, unless the same shall be signed by such governor-general or governor respectively, if such governor-general or governor shall, at the time, be resident at the presidency at which such council shall be so assembled, and shall not be prevented, by such indisposition, from signing the same: provided always that, in case such governor-general or governor not being so prevented as aforesaid, shall decline, or refuse to sign, such act of council, he, and the several members of the council who shall have signed the same shall mutually exchange with and communicate, in writing, to each other, the grounds and reasons of their respective opinions, in like manner, and subject to such regulations and ultimate responsibility of such governor-general or governor respec tively, as are, by the said act, passed in the 334 year of the reign of his present majesty, provided and directed in caseswhere such governor-general or governor respec tively shall, when present, dissent from any mea sure proposed or agitated in such council respectively: provided also, that nothing herein contained shall be taken or construed, to prevent such governor-general, in case he shall be absent from his own government of Bengal, to nominate a vice-president and deputygovernor of Fort-William, according to the provision for that purpose, in the said act, passed in the ssd year of his present majesty."

174. At this distance from India, and without the means of referring to the secretaries of the government, it is impossible to enter into a minute investigation of the causes of the irregularities which are stated in these paragraphs. It is by no means intended to place the responsibility of these transactions upon the secretaries, but it is evident that these transactions are of the nature of official details, which can only be perfectly under

stood

COURT'S DRAFT,

No. 128.

Patagraph 47. The Court remark that no no

tice had been taken of the negotiation at Poonah, either by the governorgeneral, or by the governor-general in council, to

OBSERVATIONS ON THE COURT'S DRAFT
No. 128.

stood by personal communication with those who were entrusted with the management of such details.

175. It will be sufficient, therefore, to refer to the general description which has been given in paragraph. 6, of the mode of conducting the public business, and to add, that in the usual course of procecding, all papers when received, were sent into circulation by the secretary of the department, to the governorgeneral and the members of council, but were not in general brought upon record until the question to which such papers referred was discussed in council. In the meanwhile a constant communication subsisted between the governor-general and the members of council. It frequently happened that many of the transactions to which the papers referred were in progress, and then it appeared to be inexpedient to bring the papers upon record, until the termination of the respective transactions.

176. This mode of transacting the public business was not established by any order from lord Wellesley, but arose from the convenience and dispatch of the public business.

177. In the ordinary transaction of business, as well as on occasions of peculiar exigency, documents were circulated to the several members of council, and minutes, or orders, accompanied them, for the purpose of immediate dispatch. On the day of the meeting of council, the minutes and orders were recorded. This mode of conducting business could not be altered without great inconvenience. It is impossible that the sitting of the council should be permanent and perpetual, in a state to which the governor-general might refer at every hour of the day; yet, unless it be possible, that the,council should continue in this condition of permanence, many branches of the public service must either be suspended, or the business must be conducted in the present manner, and orders passed as the occasion shall arise. A variety of questions occur daily, which demand instant decision; and orders must often be issued on a general knowledge of the sentiments of the members of council, and be circulated to them for their approbation.

178. More particular observation is required upon the 47th paragraph, relating to the negotiations at Bassien, and the 69th paragraph, on the subject of colonel Collins's negotiations with Scindiah, previous to the late Mahratta war.

179. In the 47th paragraph the court observes, that no notice has been taken of the negotiation at Poonah, either by the governor-general, or by the governorgeneral in council, to the court of directors, or to the secret committee, from the 31st August, 1800, until the 24th December, 1802.

180. The fact, however, is, that no transaction

was

* Vide extract of the letter from the governor-general in council, dated 20th May, 1805. Pages 4 to 16 inclusive.