He had never given any fubject a clofer attention. Thinking highly of the offence, and knowing how peremptory the orders were which Col. Oliver had difobeyed, he entered upon the investigation with a ftrong prejudice against him. He therefore felt it more peculiarly his duty to inquire into all the circumftances of his conduct. Having done fo, he did not fee how it was poffible, after a long life of the moit merito. rious fervices, to do otherwife than reftore Col. Oliver. He had not a doubt but that every proprietor, after he had feen the papers, would be of the fame opinion.. He had been asked, before he came into the general court, by a proprietor, who was Col. Oliver's friend? and defired to advife him to put off the motion. His anfwer had been, that he did not know any friend of his; he had never heard of any one's having spoken to any director in his favour. He could affure the court that nothing but the merits of Col. Oliver's cafe had occafioned their decifion in his favour.

Mr. RANDLE JACKSON faid, that although it had heen reckoned among Col. Oliver's misfortunes that he had fallen into the hands of lawyers, he hoped it would ultimately be confidered among the accidents of his meritorious life, that he had found a lawyer in this country who was his friend, although, perhaps, he fhould not adopt the fame mode of fhewing his friendship as had been taken by an honourable proprietor (Mr. P. Moore.) He fhould not prefs the court to come to an hafty refolution. He thought if he could fucceed in guarding Col. Oliver against the improvident zeal of his friends, that he had little to fear from the inveteracy of his enepies. He fhould be unjust to his honourable friends who had oppofed the refolution, if he did not ftate

that he believed their fole motive to be the maintenance of the conftitution of the court. He must warn the friends of Col. Oliver against venturing their strength in oppoftion to principles, left they fhould fail in the attempt. The Legisla ture, in cafes of this nature, where an honourable body of men like themfelves is called upon in the firft inftance to do that which is fo painful to the feelings, has required that three-fourths of their number fhall alone be competent to reflore any fervant. Why did not the Legilla. ture ftop here? because they thought that fuch cafes required to be itill ftronger guarded; they knew that no means would be left uneffayed, to act upon the feelings of the diretorts; they knew that it was natural they fhould lean to the fide of humanity. They, therefore, made a fubfequent appeal to the proprie tors neceffary. But was this for form's fake? We, too, are called upon to deliberate; before we eftablifh fuch a precedent, it is fit that it fhould he understood that we acted upon due deliberation. If the mo tion is to be carried this day by an inftant appeal to mere numbers, and without difcuffion, it will be thought we are incapable of withstanding fuch affaults upon our humanity, and the worft confequences may refult to the fervice. Mr. Jackfon deprecated the bufinefs being preffed on this day, or that any decifion fhould take place till the papers been laid before the proprietors, and they fhould be enabled thereby to judge of the real merits of the cafe.

had

Mr. TOLFREY fuggefted, that as the only objection to the motion was grounded on the want of due time for deliberation, and as it muft, by the terms of the act of Parliament, be decided by a ballot, the objection might be obviated by ap

pointing

pointing a diftant day for the ballot, and allowing the papers in the interval to lay upon the table for the infpection of the proprietors. Mr. RANDLE JACKSON faid, this would be infringing upon the conftitution of the general court, by fhutting them out from all difcuffon of the fubject.

A Proprietor alked, if they were not now difcuffing the fubject, and what hindered them, if they chofe it, to continue the difcuffion, and call for any papers they might require? Mr. HENCHMAN faid, the fervices of Colonel Oliver were (on all fides admitted, but it was very material that fome delay fhould be granted to look into the papers.A court-martial had been alluded to, and he for one was defirous to know, before he made up his mind upon the fubject, what had paffed at that Court-martial.

The DEPUTY CHAIRMAN faid, be hoped it was clearly understood, that it was not the wifh of the directors to precipitate the business. He was convinced that the more the papers were looked into by the proprietors, the more it would be for the advantage of Col. Oliver.

Mr. P. MOORE faid, that in the courfe of this converfation he had been alluded to, as if fomething had dropt from him which had a tendency to prefs forward the motion that day. He was not anxious to precipitate the matter, but was ready to agree to any form of procedure that might be thought most correct. He had no objection to printing the papers, for the more general circulation of the merits of the queftion among the proprietors. The CHAIRMAN begged leave to trouble the court for one moment, he feared he must have been mifunderstood. He had ftated, that if it were the wifh of the general court to poftpone the difcuffion,, the

directors had no objection. It was their duty to collect the fenfe of the general court: he had merely ftated the fenfe of the directors upon, the fubject. If it was the with of the general court to take more time to deliberate, it could meet with no obftable from behind the bar; all that remained was to fix fuch a day as fhould meet the wishes of the court. He repeated, that the more the merits of Colonel Oliver were inveftigated, the more unanimous. the proprietors would ultimately be in their decifion. The court of directors had intended, if there had been time, to have fubmitted to the proprietors a refolution they had come to of granting a remuneration to Lord Wellesley, for the eminent fervices he had rendered the Company. A motion of this nature required fourteen days notice: and perhaps, when it was brought for ward, it might be thought a proper day for taking into confideration the merits of an officer who had borne fo confpicuous a part in carrying the plans of the Governor General into effect.

Lord KINNAIRD faid, that as the court had now heard General Braithwaite's letter read, he felt it neceffary to fay two or three words more. He was much indebted to the Chairman for having called for the letter. He had stated, that there were rumours afloat, that the army had entered into a fubfcription to indemnify Col. Oliver from any pecuniary lofs. This on the face of it carried the appearence of refiftance to the Company's authority; but the explanation of General Braithwaite's letter was perfectly fatisfactory; it was moft cautiously worded, fo as to avoid fuch a conftruction. As the fact stood, it reflected great honour on the liberality of the army, and elucidates their efteem and regard for their brother officer. His

Lordship

peared that Mr. Jones's abfence was owing to a domeftic calamity, but yet he thought he might have been in town. This fubject had lain dormant fo long, and it was fo important to the interests of the Company, and to the feelings of the directors, that it fhould be promptly decided, that he did not think it ought to be poftponed. Some gentlemen would take Mr. Jones's fituation; and he would ftand, as he had done before, the feconder of the motion.

Mr. TwINING faid, that he had paid fome attention to the fubject, and, had Mr. Jones brought it regularly before the court, he meant to have delivered an opinion upon it. Whether he should do fonow, or not, would depend upon the fentiments of the court. He trufted at any rate that the fubject would neither pafs over altogether, nor be delayed for any confiderable time. The dif appointment to Mr. Jones, in bringing it on in his abfence, preffed lefs upon his mind than the fituation of the directors, which, if the question were not now difcuffed, would, he thought, be extremely unpleasant. Mr. C. Roca faid, one reafon afigned by the honourable proprietor, who fpoke laft, for proceeding with the motion, was the feelings of the directors; but he understood the Chairman to have faid, that he had confulted the directors, who were of opinion it had better be postponed. He faw no difference which three weeks would make; and hould therefore move, that the inquiry might be poftponed to the next general court.

The CHAIRMAN faid, that no thing but a deference to the gentle man who had originally moved the inquiry, induced the directors to agree to any delay. He was perfuaded it could not be better hanled than it would now be,

YOL. 9.

Lord KINNAIRD expreffed a hope that the court would proceed. Mr. Jones, by his letter, had merely withdrawn his former notice. He had neither proposed any future day himself, nor defired the court to fix any day. There was at present a very full attendance, and he hoped the court would proceed according to notice. He was confident the fubject would receive as much elu cidation as it was capable of.

Mr. DURANT obferved, that Mr. Jones had not pledged himself by his letter ever to bring it on.

The CHAIRMAN faid, that Mr. Jones had, in his first letter, stated, that he thought there were fufficient grounds for proceeding with the in quiry; and though he had not fpecifically ftated his intention to pro ceed in the fecond, yet as he had not negatived the intention expreffed in his first letter, it was fair to prefume he did not mean to abandon the motion.

Mr. BOSANQUET (a director) defired to fay a few words: not to the merits of the queftion; he should referve his opinion on that till the fubject came fully and fairly before the court. He only meant to make an appeal to the general court at prefent, as to the juftice and pro. priety of their proceeding upon the investigation in the abfence of the gentleman who had originally un dertaken it. It was certain, from Mr. Jones's fecond letter, that he wifhed the difcuffion to be poftponed, which he would not have done unlefs he meant to refume it himself: Several gentlemen behind the bar were fo fatisfied, from the reason. ablenefs of the thing, and the ufage of the court in like cafes, that the bufinefs would not be brought on when they were not prefent. Pro prietors, he trufted, would recol. lect, that this was an inquiry which attacked the credit of thirty gen + G

tlemen,

tlemen, who could not be wounded by it unless they themselves were. Mr. Bofanquet faid, as for his part he was ready to deliver in his own account moit unequivocally; but he hoped the court would excufe his faying, that if they proceeded now, they would give to their proceedings the ftamp of precipitancy and impropriety. As to himself, it was perfectly indifferent when the inquiry was inftituted,

Mr. PETER MOORE rofe to fpeak a little in felf-defence, and trusted he fhould meet with the indulgence of the court. He was convinced, that his honourable friend (Mr. Jones) meant, by his letter, to give notice that he would refume the inquiry, however informally he might have expreffed himfelf. When he had looked inore into the proceedings, he did what he told them he would do--finally make up his mind after confideration and reconfideration of the fubject. He appealed to the feelings of the proprietors, whether, after he had done fo, it would be fair and honourable to take the fubject out of his hands? He would now come to the point of felf-defence. He had read a letter in a newspaper, addreffed to the Proprietors of India ftock, and figned "An Old Proprietor." It was not the production of any ordinary abilities it was not written by any mean hand; no, nor by any fingle hand. No man deprecated perfonal queftions more than he did. The line he had always taken was to avoid all fuch queitions. He was convinced that this inquiry was not the act of one, but of many perfons. However feasible the pretence might be, that it was inftituted to clear the directors from unfounded affer. tions, he thought he could fee deeper into its object. He was not apt to take things as they appeared upon the furface. He looked deeper

into them. That letter was a libel: it was not the letter of an individual; but of a faction, of a party in that court. He should state what he conceived the nature of that faction to be on a future day. At prefent he rofe in order to affure the court, that he was not the author of that libel. He had too great a refpect for himself; he had never hid his candle under a bufhel. He always came forward to give his genuine, undifguifed, fair, and oper opinion. It had been the rule of his life to lend himself to no party purposes; to act under no influence. From this rule he fhould never fwerve. The libel was not his: it was an infidious paper, calculated to make an impreffion contrary to the colour and character of the bufnefs of which it treats. He hoped, when the difcuffion was entered upon, it would be gone into grave. ly, and not under any undue influence. He trufted that gentlemen would look into the fubject, and make up their minds upon it, that they would fteadily oppofe the reviving of a nefarious ftar-chamber procefs, particularly the ordeal of felf-purgation. No man ought to be convicted of an offence upon his own oath, but by the law of the land. He for one should maintain, that it were better that the guilty fhould go for ever unpunished, than that one jot or tittle of the principles of our laws fhould be trampled on.

Mr. TWINING fpoke to order. He wished it clearly to be underftood, that he was not folicitous to bring on the difcuffion fooner than the proprietors wished to hear it. He had not heard a fyllable which led him to think it ought to be dif cuffed. The honourable proprietor who fpoke laft, had given a clear opinion why it fhould not: fo far, he was willing to accede to him; but, after having done this, he was

going